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KRUPP v. AETNA LIFE

103 A.D.2d 252 (1984)

Robert Krupp, Plaintiff, and Mary Krupp, Respondent, v. Aetna Life & Casualty Co., Also Known as Aetna Casualty & Surety Company, Appellant

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

September 4, 1984

Attorney(s) appearing for the Case

Whitman & Ransom (Joseph V. McCarthy and Frederick R. Mindlin of counsel), for appellant.

Blumberg, Fitzgibbons & Blumberg (Cruser, Hills, Hills & Besunder [Harvey B. Besunder] of counsel), for respondent.

MOLLEN, P. J., MANGANO and THOMPSON, JJ., concur.

BOYERS, J.

On December 29, 1980, a fire occurred in the two-story wood frame house owned by plaintiffs Robert and Mary Krupp, husband and wife, as tenants by the entirety, causing substantial damage. At the time of the loss, the dwelling and its contents were insured under a standard homeowners' insurance policy issued by defendant, the Aetna Casualty and Surety Company (hereinafter Aetna). The policy provided...

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