Legal Opinion
Pedrick v. Commercial Union Insurance
New York Supreme Court
Decided July 1, 1986PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
John R. Tenney, J.
This is an action to recover on a theft loss insured by a homeowner’s policy issued by defendant. The first affirmative defense, and the basis for this summary judgment motion, is that plaintiff failed to comply with the policy provision requiring submission of sworn proofs of loss within 60 days after receipt of the demand required by Insurance Law § 3407 (former § 172).
Proofs were prepared and mailed 58 days after receipt of *314the demand. However, they were not received by defendant until the 61st day. Relying on the 1901 case of Peabody v Satterlee (166…
2Cases cited4 opinions
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Peabody v. . SatterleeNew York Court of Appeals · 1901
- Guadagno v. Colonial Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by7 opinions
- Brown MacH. Works & Supply Co. v. Ins. Co. of North Am.Supreme Court of Alabama · 1995
- Pedrick v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Bailey v. Charter Oak Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Varda, Inc. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1988
- Weintraub v. Great Northern Insurance CompanyDistrict Court, S.D. New York · 2021
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