Legal Opinion

Brown v. New York Central Mutual Fire Insurance

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

Decided February 16, 2000Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Petrone and Petrone, P. C. and the cross motion of defendant New York Central Mutual Fire Insurance Company (NYCM) for summary judgment dismissing the complaint against them. NYCM established that its conduct was not “in *804gross disregard of the insured’s interests” (Jonas v New York Cent. Mut. Fire Ins. Co., 244 AD2d 916, 917; see, Pavia v State Farm Mut. Auto. Ins. Co., 82 NY2d 445, 453-454, rearg denied 83 NY2d 779). In any event, NYCM cured any breach of the insurance contract by…

2Cases cited2 opinions

  1. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  2. Jonas v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

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