Legal Opinion

Erie Insurance v. JMM Properties, LLC

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

Decided October 29, 2009PublishedCited by 3 opinions

1Opinion of the Court

Peters, J.P

Appeal from an order of the Supreme Court (Garry, J.), entered September 12, 2008 in Madison County, which conditionally granted plaintiffs motion for summary judgment.

Defendant, a limited liability company, owned a premises in the City of Oneida, Madison County that was insured by a commercial insurance policy issued by plaintiff. In November 2006, the premises was damaged by a fire. At the time of the fire, Michael Orr, Michael Froncek and Jeffrey Truman were the sole members of defendant.

After defendant submitted a claim to recover insurance proceeds, plaintiff investigated the…

2Cases cited18 opinions

  1. Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
  2. Pogo Holding Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
  3. Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Azeem v. Colonial Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1983
  5. 2423 Mermaid Realty Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by3 opinions

  1. DeLuca v. RLI Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Goel v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
  3. Goel v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2012

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