Legal Opinion

Fox v. Allstate Insurance

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 2012Published

1Opinion of the Court

In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Queens County (Lane, J.), dated February 18, 2011, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant issued a homeowners policy of insurance to the plaintiff. The plaintiff sustained a water loss on October 25, 2005. On or about May 15, 2009, the plaintiff commenced this action to recover amounts allegedly due under the policy. The defendant moved for summary judgment dismissing the…

2Cases cited5 opinions

  1. Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
  2. Minichello v. Northern Assurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2003
  3. Burke v. Nationwide InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
  4. McGivney v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
  5. Greenpoint Bank v. Security Mutual Ins.Appellate Division of the Supreme Court of the State of New York · 1998

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