Legal Opinion

Pedrick v. Commercial Union Insurance

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

Decided July 10, 1987No. Appeal No. 1PublishedCited by 8 opinions

1Opinion of the Court

unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff sued defendant to recover on an insurance policy for loss sustained in a burglary at her apartment. Defendant refused payment, alleging as a first affirmative defense that plaintiff did not submit proof of loss within 60 days of defendant’s demand as required by the policy. Special Term properly denied summary judgment to defendant, but improperly granted plaintiff’s cross motion to dismiss defendant’s first affirmative defense. Although plaintiff’s proof of loss was…

2Cases cited5 opinions

  1. Guadagno v. Colonial Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  2. Pedrick v. Commercial Union InsuranceNew York Supreme Court · 1986
  3. Cardinale v. Genesee Valley Medical CareAppellate Division of the Supreme Court of the State of New York · 1983
  4. Dresserville Farms, Inc. v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  5. Teitelbaum v. New York Property Insurance Underwriting Ass'nNew York Supreme Court · 1984

3Cited by8 opinions

  1. Brown MacH. Works & Supply Co. v. Ins. Co. of North Am.Supreme Court of Alabama · 1995
  2. Bailey v. Charter Oak Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  3. Travis v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  4. Varda, Inc. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1988
  5. Pedrick v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1987

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