C.F.C. Realty Corp. v. Empire Fire & Marine Insurance

Plaintiff sues under a fire policy to recover $1,282,535.79 for losses which occurred on August 12 and 18,1981. By letter dated October 29, 1981, defendant insurer forwarded blank proof of loss forms to plaintiff requesting that it file these forms for each loss in accordance with the policy’s requirements. Although the forms were executed within 60 days of demand they were not returned to the insurer within that time, as required by the terms of the policy and Insurance Law §§ 168, 172, until four months after the expiration of the 60-day period. The insurer moved for summary judgment…