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HALLAS v. NORTH RIVER INS. CO. OF N. Y.

279 A.D. 15 (1951)

James Hallas, Appellant-Respondent, v. North River Insurance Company of New York, Respondent-Appellant James Hallas, Appellant-Respondent, v. Cosmopolitan Mutual Fire Insurance Company of New York, Respondent-Appellant

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

October 16, 1951.

Attorney(s) appearing for the Case

Leo B. Mittelman of counsel (Frederick W. Scholem, attorney), for appellant-respondent.

Samuel A. Berger of counsel (Irwin Leibowitz with him on the brief; Powers, Kaplan & Berger, attorneys), for respondents-appellants.

PECK, P. J., GLENNON, DORE and COHN, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents in opinion.

Per Curiam.

The evidence compels the conclusion that the loss sued on had its origin in an explosion and that any fire covered by the policies in suit was a fire which followed the explosion. Plaintiff, therefore, had the burden under the policies of showing the extent of any covered loss occasioned by fire as distinguished from any excluded loss caused by the explosion (Nasello v. Home Ins. Co., 277 N.Y. 632). Plaintiff failed to do this and quite clearly...

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