Legal Opinion

Bailey v. Nationwide Mutual Fire Insurance

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

Decided October 15, 1987PublishedCited by 10 opinions

1Opinion of the CourtMahoney, P. J.

Appeal from an order of the Supreme Court (Keniry, J.), entered November 10, 1986 in Saratoga County, which granted plaintiffs’ motion to dismiss defendant’s second and third affirmative defenses.

On October 12, 1984, plaintiffs’ home in the Town of Half-moon, Saratoga County, was destroyed by fire. The property was insured by defendant under a standard fire insurance policy. Defendant served a written demand upon plaintiffs to file an inventory of destroyed or damaged property, a sworn proof of loss form and a standard New York State fire claim form within 60 days of the date of plaintiffs’…

2Cases cited4 opinions

  1. Nassau Insurance v. MurrayNew York Court of Appeals · 1978
  2. Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
  3. C.F.C. Realty Corp. v. Empire Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
  4. Smith v. PalmieriAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by10 opinions

  1. Ingarra v. General Accident/PG InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  2. Turkow v. Erie InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  3. Schmiemann v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Gladwell v. C & S Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Caterpillar Insurance v. Metro Construction EquitiesAppellate Division of the Supreme Court of the State of New York · 2015

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