Wangerin v. New York Central Mutual Fire Insurance

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered August 2, 2012 in Saratoga County, which declared plaintiffs’ rights under a policy of insurance issued by defendant.

In March 2003, after discovering that the floors in their home had dropped approximately four inches, plaintiffs submitted a claim on their homeowners’ insurance policy issued by defendant.1 Defendant denied the claim, contending that the damage to the home was not a covered loss under the policy. Plaintiffs thereafter commenced this action seeking a declaration that the loss was covered under the terms of the…