Janes v. New York Central Mutual Insurance

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs cross motion for summary judgment and ordered New York Central Mutual Insurance Company (defendant) to provide coverage under its policy of insurance for a fire loss suffered by plaintiff on September 23, 1993. We reject defendant’s contention that a vacancy exclusion clause that was changed when the policy was renewed in 1988 precludes coverage. Defendant is bound by the coverage provided under the policy as originally issued because, upon renewing the policy in 1988, defendant failed to inform…