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GOLD FIELDS CORP v. AETNA CO.

173 Misc.2d 901 (1997)

661 N.Y.S.2d 948

Gold Fields American Corporation, in Its Own Right and as Assignee and Subrogee of Blue Tee Corporation and as Successor in Interest to Gold Fields American Industries, Inc., Formerly Known as Azcon Corporation, Formerly Known as American Zinc Company and Gold Fields Mining Corp., Formerly Known as Tri-State Zinc, Inc., Plaintiff, v. Aetna Casualty and Surety Company et al., Defendants.

Supreme Court, New York County.

July 24, 1997

Attorney(s) appearing for the Case

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, New York City (Joseph D. Donato of counsel), for Home Insurance Company and another, defendants. Anderson Kill & Olick, P. C., New York City (John Kazanjian and Michael Magaril of counsel), for plaintiff.

LEWIS R. FRIEDMAN, J.

Defendants, Home Insurance Company and Home Indemnity Company (collectively Home), move for summary judgment on the ground that plaintiff cannot prove the existence or terms of the insurance policies at issue. To resolve this issue the court is required to visit the issue of what the burden of proof is when a policyholder asserts that it has lost the policy. This issue has troubled courts...

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