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MT. VERNON FIRE INS. CO. v. BERNSTEIN

206 A.D.2d 269 (1994)

614 N.Y.S.2d 408

Mt. Vernon Fire Insurance Company, Respondent, v. Martin Bernstein et al., Appellants, et al. Defendants

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

July 7, 1994

The IAS Court's decision to limit the jury trial to the issue of the actual square footage of the insured premises was proper, both procedurally (see, Levitt v Lenox Hill Hosp., 184 A.D.2d 427, 428), and substantively. The policy does not limit plaintiff's end-of-term earned premium adjustments to those made on the basis of "audits". The insurer had the additional right to inspect at any time. Inspections may be held at the...

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