MCGRAW-EDISON v. ALLSTATE INS.


62 A.D.2d 872 (1978)

McGraw-Edison Credit Corporation, Appellant, v. Allstate Insurance Company, Respondent. (And Third- and Fourth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 26, 1978


Attorney(s) appearing for the Case

David Targ (Jacob W. Friedman of counsel), for appellant.

Curtis, Hart & Zaklukiewicz (Reid A. Curtis of counsel; Edward J. Hart on the brief), for respondent.

DAMIANI, J. P., SUOZZI and O'CONNOR, JJ., concur.


TITONE, J.

The issue before this court is whether, under the circumstances of this case, the secured creditor may recover insurance proceeds directly from the insurer of the debtor's buyer, to the extent of its security interest. I believe it may not.

On December 1, 1969 the appellant, McGraw-Edison Credit Corporation (hereafter McGraw-Edison or the secured creditor), through its subdivision, American...

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