Advertising Disclosure Email Disclosure

Coinsurance does not apply to a total loss.

April 1, 2012
Magie v. Preferred Mutual Ins. Co., 937 N.Y.S.2d 452 (App. Div. 3d Dept., January 26, 2012)

The insureds' home was destroyed by fire in August 2005. Their loss exceeded their policy coverage limits, and the insureds opted not to rebuild. In New York, a coinsurance clause reduces the recovery in case of a partial loss; however, in case of a total loss, the insurer is liable for the amount named in the policy. Additionally, the applicability of a coinsurance claim is an affirmative defense that must be pleaded. As such, where it is undisputed that the insureds have suffered a total loss, a coinsurance clause does not apply.

Case Law Alert - 2nd Qtr 2012

Affiliated Attorney

Sarah J. Brown
(215) 575-2784

Practice Areas

Please read the following disclaimer:

Thank you for your interest in our firm. The information contained on this Website contains statements, videos and other content about the type and quality of services offered by Marshall Dennehey Warner Coleman & Goggin, as well as past results and testimonials about the firm. This information has not been reviewed nor approved by the Florida Bar.

  • The facts and circumstances of your case may differ from the matters in which results and/or testimonials have been provided.
  • All results of cases handled by the firm are not provided and not all clients have given testimonials.
  • The results and testimonials provided are not necessarily representative of results obtained by any individual attorney or by the firm nor of the experience of all clients or others with the firm. Every case is different, and each client's case must be evaluated and handled on its own merits.

Please acknowledge that you have read the above disclaimer by clicking on one of the two links below.

YES I have read and understand the above statements. I am interested in learning more about Marshall Dennehey Warner Coleman & Goggin. NO I do not want to view the information.

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."