Bank of Utica v. Canners Exchange Subscribers at Warner Inter-Insurance Bureau

OPINION OF THE COURT

John R Tenney, J.

Plaintiff’s assignor had a fire on April 12,1980. On June 4, 1980, Canners Exchange sent a demand for a proof of loss and enclosed blank forms. The plaintiff completed the forms and forwarded them to the company. Subsequent proofs covering the business interruption portion of the policy were not filed until March of 1981.

The insurance company has rejected the business interruption claim because the proofs of loss were untimely filed. There is a clause in the business interruption indorsement of the policy which requires submission of a proof of loss within…