Starkman v. Sigmond
Superior Court of New Jersey
446 A.2d 1249 (1982)
Tami Starkman and Dora Birnbaum (plaintiffs) purchased a house from Robert and Barbara Sigmond (defendants), subject to a $60,000 mortgage in favor of the Sigmonds. The mortgage and note did not contain any provision for accelerating payment due to fire. Starkman obtained a fire insurance policy from Prudential Property and Casualty Insurance (Prudential). The policy stated: “Loss, if any, under this policy, shall be payable to the mortgagee named on the first page of this policy . . . in order of precedence of said mortgage.” The house caught fire and was damaged to the point that the building inspector required demolition. Prudential issued checks for a total of $135,000 under the insurance policy for the construction of a new house. Prudential placed $60,000 of the insurance funds in escrow. Both parties moved for summary judgment.
Rule of Law
Holding and Reasoning (Deighan, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.