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


31 N.Y.2d 411 (1972)

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

Court of Appeals of the State of New York.

Decided December 29, 1972.


Attorney(s) appearing for the Case

William F. McNulty, Daniel J. Coughlin and Anthony J. McNulty for appellant.

Arthur L. Goldstein for respondent.

Chief Judge FULD and Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judge BURKE dissents and votes to reverse in a separate opinion.


BERGAN, J.

The finding of fact that plaintiff purchased the automobile insured by defendant for value and without knowledge it was stolen has been affirmed, both by the Appellate Term and by the Appellate Division, and is not an open question here. Thus the issue of plaintiff's insurable interest must be examined on the assumption he was an innocent buyer of the vehicle insured by defendant, and subsequently...

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