SCAROLA v. INS. CO. OF N. AMER.


67 Misc.2d 437 (1971)

Jesse T. Scarola, Respondent, v. Insurance Company of North America, Appellant.

Supreme Court, Appellate Term, First Department.

June 15, 1971


Attorney(s) appearing for the Case

Daniel J. Coughlin and William F. McNulty for appellant. Arthur L. Goldstein for respondent.

Concur — STREIT, J. P., GOLD and QUINN, JJ.


Per Curiam.

An innocent purchaser for value of a stolen vehicle is entitled to recover its value under the theft coverage of the insurer's policy. Contrary to the contention of the appellant insurer, such an insured has a lawful and substantial economic interest as required by section 148 of the Insurance Law. Neither the manner of his acquisition nor his possession of the vehicle can be said to be unlawful. His substantial...

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