Legal Opinion
Anthony Marino Construction Corp. v. INA Underwriters Insurance
New York Court of Appeals
Decided February 12, 1987PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. Question certified not answered as unnecessary.
Plaintiff’s failure to file sworn proofs of loss within 60 days after receiving a demand to do so by its insurer, accompanied by proof of loss forms, is a complete defense to plaintiff’s action on the insurance policy (Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 NY2d 201, 216; Insurance Law § 3407 [a]). Plaintiff’s contentions that defendants should be estopped from relying on the proof of loss condition because their demand…
2Cases cited2 opinions
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Maleh v. NEW YORK PROP. INS. UNDERWRITING ASS'NNew York Court of Appeals · 1984
3Cited by34 opinions
- Varda, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1995
- Ingarra v. General Accident/PG InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Harris v. Allstate InsuranceDistrict Court, S.D. New York · 2000
- Pioneer Insurance v. DeleoAppellate Division of the Supreme Court of the State of New York · 1990
- Yaccarino v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
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