Ochocinska v. National Fire Adjustment Co.

Judgment reversed on the law with costs, motion denied, cross motion granted and judgment granted, in accordance with the following Memorandum: The written agreement to employ a public adjuster to assist in the adjustment of a fire loss must include written notice of the insured’s right to cancel the agreement until midnight of the third business day following the date of the agreement (see, Personal Property Law §§ 427, 428; 11 NYCRR 25.9). The subject agreement contained that notice, but set forth an incorrect date, December 31, 1989, as the date of cancellation. Although December 31 was…