Legal Opinion
Kawa v. Nationwide Mutual Fire Insurance
New York Supreme Court
Decided October 20, 1997PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas P. Flaherty, J.
Plaintiffs had property coverage for their home with the defendant insurer. Their residence was damaged in a windstorm in February of 1997, including damage to the aluminum siding.
Following an inspection of the subject premises the defendant tendered a settlement offer for repairs. Maintaining that the policy required defendant to replace all of their aluminum siding with new vinyl siding, plaintiffs rejected the offer and demanded that their loss be submitted to appraisal pursuant to the policy and Insurance Law § 3404. Under the appraisal *408procedure…
2Cases cited4 opinions
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Hawkinson Tread Tire Service Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1951
- Maimes v. Automobile InsuranceNew York Supreme Court · 1920
3Cited by20 opinions
- Duane Reade Inc., Plaintiff-Counter-Defendant-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2005
- Merrimack Mutual Fire Insurance Co. v. BattsCourt of Appeals of Tennessee · 2001
- Milligan v. CCC Info. Servs. Inc.Court of Appeals for the Second Circuit · 2019
- Amerex Group, Inc. v. Lexington InsuranceCourt of Appeals for the Second Circuit · 2012
- CIGNA Ins. Co. v. Didimoi Prop. Holdings, NVDistrict Court, D. Delaware · 2000
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