Harrington v. Amiga Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
This case presents an issue of first impression in New York, whether the replacement cost provisions of a homeowner’s insurance policy require an insured to rebuild his home before he can recover on a claim for that cost. We hold that they do.
I
The essential facts are not in dispute. In February 1977 plaintiff, Alan M. Harrington, purchased a home at 3610 Oran Delphi Road in the Town of Pompey. Plaintiff purchased insurance for the property from defendant, Arnica Mutual Insurance Company, which he kept in force through February 1992.
The replacement cost provisions…
2Cases cited24 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- State v. Home Indemnity Co.New York Court of Appeals · 1985
- Thomas J. Lipton, Inc. v. Liberty Mutual InsuranceNew York Court of Appeals · 1974
- Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
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3Cited by27 opinions
- Edgewood Manor Apartment Homes, LLC v. RSUI Indemnity Co.Court of Appeals for the Seventh Circuit · 2013
- Ghoman v. New Hampshire InsuranceDistrict Court, N.D. Texas · 2001
- SR International Business Insurance v. World Trade Center Properties, LLCDistrict Court, S.D. New York · 2006
- DeLorenzo v. Bac Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Fitzhugh 25 Partners, L.P. v. KILN Syndicate KLN 501, Texas Court of Appeals, 5th District (Dallas)2008
22 more not listed; retrieve them via the Exa API.