New York Court of Appeals

United States Fidelity & Guaranty Company v. Saverio L. Annunziata, and Anthony D. Maresca

April 1, 198667 N.Y.2d 229

Summary

The New York Court of Appeals held that a mortgagee named in a fire insurance policy with a standard mortgagee clause is not required to submit to examinations under oath, rejecting the contrary rule in Mortgagee Affiliates. Accordingly, the appellate division's summary judgment granting the plaintiff’s motion was reversed and the motion denied.