United States Second Circuit

Judgment declaring defendant-insurer liable for the full amount of loss coverage shown in a fire insurance policy, notwithstanding an apportionment-of-loss clause in the policy stating that the insurer would pay only 38 percent of any loss, and ruling that defendant is not liable for replacement costs in excess of the loss coverage shown in the policy, is: 1) affirmed in part, where plaintiff is not entitled to recover replacement costs in excess of the stated loss coverage amount on the house; and 2) certified in part to the Court of Appeals for the State of New York, as to whether the apportionment-of-loss clause in the fire insurance policy is enforceable under New York law.

Appellate Information

• Decided 08/29/2013
• Published 08/29/2013

Judges

• KEARSE

Court

• United States Second Circuit

Counsel