Tublitz v. Glens Falls Insurance Co.

431 A.2d 201 (1981)

Facts

D is the insurer of three buildings owned by P. On November 14, 1979, P entered into a contract for the demolition of the buildings. The contract was to be performed within ten days. On November 18, 1979, one of the buildings was destroyed by fire. At issue is whether the accidental destruction of the building is a loss for which D must indemnify P under the fire insurance policy. D has denied coverage on the ground that P has suffered no loss since it was P's intention to demolish the building. P maintains that D is liable for the actual cash value of the building. It is undisputed that the policy was in effect at the time of the fire. P seeks summary judgment as to liability only.