Wood v. Ontario Insurance

Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered March 21, 2003, which denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff applied for homeowner’s insurance with defendant, indicating on the application that she had not had any insurance cancelled in the previous three years and that she did not own a dog. Shortly after defendant issued a policy to plaintiff, her home was damaged by fire. Defendant denied plaintiff’s…