68 A.D.2d 834 | N.Y. App. Div. | 1979
Judgment, Supreme Court, New York County, entered November 3, 1977, in favor of plaintiffs in the amount of .$147,360.74, reversed, on the law, with costs, and complaint dismissed. Defendant appeals from a judgment in favor of the plaintiffs following a jury trial in an action to recover on an alleged contract of fire insurance. As here pertinent, plaintiffs owned two properties, one at McLean Avenue, Yonkers, New York, and the second at Bronx River Road, Yonkers, New York. In 1972, at the request of plaintiffs’ son, Nicholas M. Di Costanzo (Nicholas), an attorney, defendant’s agent, Bassik, arranged for the issuance to plaintiffs of defendant’s business package policy insuring the Bronx River Road building against fire, vandalism and liability. Section 6 of the policy described the "General Liability Coverage.” In the same year an effort was made to secure for the McLean Avenue building the same package policy but was rejected on defendant’s judgment that the building was not appropriate for fire insurance coverage. Accordingly, in that year, plaintiffs’ son obtained a liability policy only for the McLean building. In November and December of 1974, Nicholas and defendant’s agent had conversations regarding the insurance coverage of the McLean Avenue building which were the subject of conflicting trial testimony. It is not disputed that they discussed the possibility of reducing the premium by combining both buildings under the same policy. Thereafter the testimony diverged. Nicholas testified in substance that Bassik agreed on behalf of the defendant to extend fire insurance coverage to the McLean Avenue building. Bassik testified that he agreed to make an inquiry as to that possibility, did so, received no response, and did not pursue the question. Thereafter, Nicholas received from defendant an indorsement to the business package
