Kaehler v. Phoenix Insurance

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendant insured plaintiff’s business personal property and business income for damage by fire. On May 29, 1965, a *684fire occurred and plaintiff claimed to have sustained damage payable under the policy. Section 168 of the Insurance Law and the policy provided that defendant was entitled to . an examination of plaintiff under oath concerning his loss. Defendant served such a notice for an examination to be held January 17, 1966; the examination was postponed several times for various reasons and…