Hubley v. Nationwide Mutual Fire Insurance

—Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In December, 1975 plaintiff commenced this action to recover under a policy of insurance for a fire loss sustained on January 5, 1975. The complaint contains causes of action for breach of a fire insurance policy and for negligence arising from the breach of the policy. On May 12, 1976, following the service of an answer and demand for a bill of particulars on behalf of defendant, Nationwide Mutual Fire Insurance Co. (Nationwide), a 30-day preclusion order entered with the…