Legal Opinion
Meserole Factory, LLC v. Arch Insurance Group
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 2 opinions
1Opinion of the Court
The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff failed to provide the defendant Arch Specialty Insurance Company with a sworn proof-of-loss statement within 60 days after receiving a demand to do so, accompanied by proof-of-loss forms (see Insurance Law § 3407 [a]; Ball v Allstate Ins. Co., 81 NY2d 22, 25-26 [1993]; Anthony Marino Constr. Corp. v INA Underwriters Ins. Co., 69 NY2d 798, 800 [1987]; Maleh v New York…
2Cases cited5 opinions
- Anthony Marino Construction Corp. v. INA Underwriters InsuranceNew York Court of Appeals · 1987
- Maleh v. NEW YORK PROP. INS. UNDERWRITING ASS'NNew York Court of Appeals · 1984
- Ball v. Allstate InsuranceNew York Court of Appeals · 1993
- Litter v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
- DeRenzis v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- Going 2 Extremes, Inc. v. Hartford Financial Services Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Going 2 Extremes, Inc. v. Hartford Financial Services Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2012