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FISCHER v. NEW ZEALAND INS. CO.

35 Misc.2d 175 (1962)

William A. Fischer, Respondent, v. New Zealand Insurance Company, Ltd., Appellant.

Supreme Court, Appellate Term, First Department.

May 10, 1962

Attorney(s) appearing for the Case

Joseph Greenhill and Ira J. Greenhill for appellant. Samuel Weiss and C. Frank Ortloff for respondent.

Concur — HOFSTADTER, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

In an action on an "open" policy insuring plaintiff against loss of jewelry, consisting of a diamond ring and a pair of bracelets, the appraisal furnished to the insurer before the issuance of the policy does not constitute competent evidence of the value of the diamond ring shown to have been lost. (Naiman v. Niagara Fire Ins. Co., 285 App. Div. 706.)

The judgment in favor of plaintiff should be modified by reducing same to the sum...

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