GILBERT v. ALLSTATE INSURANCE COMPANY

2011-06377.

95 A.D.3d 1072 (2012)

943 N.Y.S.2d 780

2012 NY Slip Op 3807

JEFFREY GILBERT, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.


Ordered that the order is affirmed, with costs.

The plaintiff owned property as a tenant in common with a business partner, Alice Gardner, who is not a party to this action. In 1996 the plaintiff procured a policy of fire insurance on the property from the defendant solely in his own name. On October 2, 2009, the premises were destroyed by a fire. The defendant paid the plaintiff one-half of the value of the property on the ground that the plaintiff had only a one...

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