Turkow v. Security Mutual Insurance

Peters, J.P.

On July 25, 2001, a fire destroyed property owned by plaintiffs in the City of Binghamton, Broome County. By certified letter dated October 1, 2001 and received by plaintiff John E Turkow on October 4, 2001, defendant demanded sworn proofs of loss *1181from plaintiffs and provided three forms for that purpose. On December 28, 2001, defendant denied the claim on the ground that plaintiffs failed to provide a proof of loss statement within 60 days of defendant’s demand and as required by the terms of the insurance policy and the Insurance Law. Plaintiffs thereafter commenced this action…