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  5. 119 Misc.2d 939 (1983)
 

BANK OF UTICA v. CANNERS

119 Misc.2d 939 (1983)

Bank of Utica, Plaintiff, v. Canners Exchange Subscribers at Warner Inter-Insurance Bureau et al., Defendants.

Supreme Court, Oneida County.

January 21, 1983

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey for Canners Exchange Subscribers, defendant. Penberthy, Kelly & Walthall for plaintiff.

JOHN R. TENNEY, J.

Plaintiff's assignor had a fire on April 12, 1980. On June 4, 1980, Canners Exchange sent a demand for a proof of loss and enclosed blank forms. The plaintiff completed the forms and forwarded them to the company. Subsequent proofs covering the business interruption portion of the policy were not filed until March of 1981.

The insurance company has rejected the business interruption claim because the proofs of loss were untimely...

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