MICHAEL DEL. v. FIREMEN'S


115 Misc.2d 834 (1982)

Michael Delivery of Buffalo, Inc., Plaintiff, v. Firemen's Fund Insurance Company, Defendant.

Supreme Court, Erie County.

September 22, 1982


Attorney(s) appearing for the Case

Watson, McGarvey, Hetzelt & Bennett (James W. Bennett of counsel), for plaintiff. Hurwitz & Fine (James D. Gauthier of counsel), for defendant.


FRANK R. BAYGER, J.

This is an action upon a standard fire insurance policy to recover the amount of an April 18, 1978 fire loss. The defendant insurer was promptly notified of the loss and its investigation was thereafter completed, with the insured's co-operation, on or about October 23, 1978. Payment was withheld, however, and suit was thereafter commenced in timely fashion under the terms of the policy. That policy provided, in standard form, that...

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