Lattimore
Lattimore v. Merchants Fire Assurance Corp.
Opinion
lead Opinion
Harris, J.
Plaintiff seeks to recover from defendant under a personal property floater insurance policy which she carried with defendant for some ten years prior to the particular loss involved in this action. The policy was renewed in 1955 for a three-year period. The total amount of the policy was some $48,000; the particular items for which recovery is sought represent only a small percentage of the face amount.
Plaintiff, a collector of objects of art, has filed a claim for loss and damage on certain items of scheduled fine arts, including statuary, vases, dolls, bric-a-brac. She also has presented a claim for loss and damage on unscheduled property for which her policy provides maximum recovery 'in the amount of $9950, this being the estimated value of the unscheduled *397 personal property. The loss occurred in storage, and while moving the property from storage to the apartment- of plaintiff.
Defendant has resisted both the claim on the scheduled fine arts — disputing the total value of the damaged articles —and the unscheduled property. With respect to the latter, defendant denies all liability, contending that plaintiff misrepresented and concealed a material fact in obtaining the…