OTSEGO MUT. FIRE INS. CO. v. HARTFORD FIRE INS. CO.


67 A.D.2d 906 (1979)

Otsego Mutual Fire Insurance Company, as Subrogee of Carmile Lauria, et al., Appellant, v. Hartford Fire Insurance Company, Respondent

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

February 5, 1979


Order affirmed insofar as appealed from, with $50 costs and disbursements.

The issue on the motion for summary judgment was not whether homeowner Camile Lauria delivered to respondent, Hartford Fire Insurance Co., a notice of cancellation (see Russ Togs v Fidelity-Phenix Ins. Co., 36 A.D.2d 706), but whether prior to the fire of January 30, 1976, Lauria accepted an offer from Hartford...

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