10 A.D.2d 737 | N.Y. App. Div. | 1960
Appeal from a judgment of the Supreme Court, Schenectady County by the plaintiffs from the dismissal of their first cause of action and by the defendant from the granting of costs of $200 on the plaintiffs’ second cause of action. The plaintiffs own property on which there was a dwelling house, some cabins and, at a distance of 160 feet from the house, a building described as a eider mill. This latter building had been used as a eider mill until 1952 when such operation was discontinued and the equipment used therein dismantled and stored in the same building. Thereafter this building was used to store a ear and two trucks, certain household furnishings, camping equipment and woodworking tools, which the testimony indicated were used only for private purposes. The plaintiffs had a fire insurance policy issued by the defendant on this building, which referred to it as a seasonal cider mill, and on the machinery therein in the amount of $6,000. In 1955 they sought a reduction in premium rate based on the building no longer being used as a eider mill. An inspection was made by a representative of the New York Fire Insurance Rating Organization as a result of which the building was classified as a “ woodworker ” resulting in a small premium reduction for the plaintiffs. On March 30, 1956 the building was destroyed by fire. The above policy is not here in dispute, the defendant having paid the full amount thereof. In their proof of loss plaintiffs stated that the building was a cider mill. The plaintiffs also had a fire insurance policy issued by the defendant in the amount of $10,000 on their dwelling house which contained an indorsement providing that: ‘(The insured may apply up to ten percent (10%) of the amount specified for insurance on buildings to cover private structures appeU-'-uing to the described dwelling
