Travis v. Allstate Insurance

—Order, Supreme Court, New York County (Paula Omansky, J.), entered November 24, 1999, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, the motion for summary judgment denied and the complaint reinstated.

In this action for wrongful refusal to pay an insurance claim, defendant moved to dismiss the cause of action for breach of contract* on the ground that plaintiff failed to comply with the policy requirement that he submit a sworn proof of loss within 60 days of a demand therefor. Plaintiff…