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Lack of Insurable Interest Precludes Recovery for Property Damage

In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an insurable interest in property it insured because it did not own or possess the property or suffer economic loss due to the property’s destruction.  Consequently, the plaintiff was not entitled to indemnity for damage to the property it purported to insure under a commercial property insurance policy.[1] About The Author

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About The Property Insurance Law Observer

For more than five decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.

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