Legal Opinion · Dissent

Dauria v. Castlepoint Insurance

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

Decided September 4, 2014No. 12411 302708/11Published

1Dissent

by Richter, J.,

as follows: Plaintiffs Linda Dauria and Thomas Dauria are the owners of a house in the Bronx where they live with their in-laws. In 2002, defendant Frank Campo, an insurance broker, procured a homeowners insurance policy for the premises from Allstate. The Allstate policy listed the house as a two-family residence. In 2008, Allstate did not renew the policy, and Campo obtained a policy from defendant Castlepoint Insurance Company. The application for that policy also identified the premises as a two-family residence. In November 2010, the premises was damaged by fire resulting…

2Cases cited6 opinions

  1. Murphy v. KuhnNew York Court of Appeals · 1997
  2. Bruckmann, Rosser, Sherrill & Co.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Ramos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Cosmos, Queens Ltd. v. Matthias Saechang Im AgencyAppellate Division of the Supreme Court of the State of New York · 2010
  5. Koscinski v. St. Joseph's Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008

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