Todd v. Wayne Cooperative Insurance

Appeals (1) from that part of an order of the Supreme Court (Relihan, Jr., J.), entered July 12, 2005 in Tompkins County, which limited plaintiff’s recovery on his dwelling, and (2) from the judgment entered thereon.

Plaintiffs home, located in the Town of Lansing, Tompkins County, was destroyed by fire on March 30, 2002. The property was covered by a farm owners insurance policy issued by defendant. After plaintiff sought to collect on his insurance policy, defendant disclaimed liability and denied coverage alleging, among other things, that plaintiff committed an arson.

Plaintiff commenced…