PEOPLES WESTCHESTER SAV. BANK v. FIREMAN'S FUND INS. CO.


103 A.D.2d 738 (1984)

Peoples Westchester Savings Bank, as Successor to Westchester County Savings and Loan Association, Respondent, v. Fireman's Fund Insurance Company, Appellant

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

July 2, 1984


¶ Order reversed, on the law, with costs, motion granted, and complaint dismissed.

¶ The policy provision under which plaintiff seeks recovery is inapplicable as a matter of law to the situation at bar, which involves an alleged theft of written instruments delivered by the insured as collateral for loans. The instruments did not "prove to have been * * * stolen" at the time the insured "acquired * * * or delivered" the...

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