Legal Opinion
Luttenberger v. Allstate Insurance
Suffolk County District Court
Decided January 3, 1984PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Rockwell D. Colaneri, J.
The plaintiff has brought this small claims action against the defendant insurance company for recovery of an unpaid claim under a homeowner’s policy. Plaintiff alleges that after a snowstorm, a large amount of snow rested upon the eaves of her house, causing them to pull away. The eaves had to be replaced at a cost of $1,450.
The defendant has invoked paragraph 9 of part 1 of the homeowner’s policy in rejecting said claim. Such paragraph states in pertinent part: “We do not cover loss or damage to the property designated in the Dwelling Protection…
2Cases cited2 opinions
- 80 Broad Street Co. v. United States Fire InsuranceNew York Supreme Court · 1975
- Plaza Equities Corp. v. Aetna Casualty and Surety Co.District Court, S.D. New York · 1974
3Cited by3 opinions
- Derenzo v. State Farm Mutual InsuranceNew York Supreme Court · 1988
- Lynch v. Preferred Mut. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- St. John Fisher College v. Continental Corp.Appellate Division of the Supreme Court of the State of New York · 1992