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ANDREWS v. EMPIRE CO-OP. FIRE INS. CO.

197 Misc. 387 (1949)

Roland Andrews et al., Plaintiffs, v. Empire Co-Operative Fire Insurance Company, Defendant.

Supreme Court, Special Term, Tompkins County.

February 22, 1949.

Attorney(s) appearing for the Case

Gerald S. Hewitt for plaintiffs.

Curtiss D. Matterson for defendant.

SANTRY, J.

This is a motion by the plaintiffs for summary judgment in an action to recover on a fire insurance policy.

The defendant insured an apartment dwelling owned by the plaintiffs against loss by fire in the amount of $9,000, by a policy which contained an 80% coinsurance clause. After a fire occurred the parties were unable to agree on the loss, and each appointed an appraiser to "appraise the...

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