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US F & G v. ANNUNZIATA

67 N.Y.2d 229 (1986)

United States Fidelity & Guaranty Company, Respondent, v. Saverio L. Annunziata, Defendant, and Anthony D. Maresca, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1986.

Attorney(s) appearing for the Case

James E. Cullum for appellant.

Francis J. Holloway and Michael Jon Longstreet for respondent.

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER and TITONE concur; Judge SIMONS taking no part.

HANCOCK, JR., J.

A mortgagee named in a fire insurance policy containing a standard mortgagee clause is not obligated to comply with the provisions of the policy requiring the named insured to submit to an examination under oath. In reaching this conclusion we reject the contrary rule stated in Mortgagee Affiliates Corp. v Commercial Union Ins. Co. (27 A.D.2d 119, 121...

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