Tobias v. Liberty Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant Liberty Mutual Fire Insurance Company appeals, as limited by its brief, from so much an order of the Supreme Court, Kings County (Schmidt, J.), dated October 21, 2009, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
“The insurer has the burden of proving the validity of its timely cancellation of an insurance policy” (Badio v Liberty Mut. Fire Ins. Co., 12 AD3d 229, 229 [2004]). In moving…
2Cases cited10 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Residential Holding Corp. v. Scottsdale InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Badio v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Secured Equities Investment, Inc. v. McFarlandAppellate Division of the Supreme Court of the State of New York · 2002
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