Legal Opinion

Foy v. D.B. Frame Shop, Ltd.

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

Decided December 22, 1994PublishedCited by 1 opinion

1Opinion of the Court

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered August 19, 1994, which denied defendant insurer’s motion for summary judgment dismissing plaintiff insured’s complaint, unanimously affirmed, with costs.

The policy on which plaintiff sues does not define the meaning of "loss” as used in the clause requiring the insured to immediately notify the insurer of "a loss this policy may cover”, and, in the absence of such a definition, it cannot be said as a matter of law that plaintiff was required to give such notice to defendant when she was first advised by defendant frame…

2Cited by1 opinion

  1. Brooks v. Zurich-American Insurance GroupAppellate Division of the Supreme Court of the State of New York · 2002

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