MASTRO JEWELRY CORP. v. ST. PAUL FIRE & MARINE INS. CO.


70 A.D.2d 854 (1979)

Mastro Jewelry Corp., Respondent, v. St. Paul Fire and Marine Insurance Company, Appellant, et al., Defendants

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

June 28, 1979


Unanimously reversed, on the law, with costs and disbursements, and the motion granted.

Plaintiff claims a loss under a jeweler's block policy issued by defendant St. Paul Fire and Marine Insurance Co. The first cause of action, asserting contractual breach, seeks $400,000, the policy limit. In the second cause of action plaintiff seeks $1,000,000 in damages, asserting a conspiracy to defraud it of the proceeds of the policy. There is, of course, no substantive tort...

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