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  5. 63 N.Y.2d 201 (1984)
 

IGBARA v. PROP. INS. UNDERWRITING

63 N.Y.2d 201 (1984)

Igbara Realty Corp., Respondent, v. New York Property Insurance Underwriting Association, Appellant. Bonus Warehouse, Inc., Respondent, v. Great Atlantic Insurance Company of Delaware, Appellant. Bonus Warehouse, Inc., Respondent, v. North River Insurance Company, Appellant. Syd's Decorators Inc., Appellant, v. New York Property Insurance Underwriting Association, Respondent, et al., Defendant. Patrick M. Trexler et al., Doing Business as Gandlof's, Appellants, v. American Home Assurance Company, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1984.

Attorney(s) appearing for the Case

Zachary Robb Greenhill for appellant in the first above-entitled action.

S. Michael Weisberg for respondent in the first above-entitled action.

Charles T. Rubin for appellants in the second and third above-entitled actions.

Ira M. Myers for respondent in the second and third above-entitled actions.

Mark Easton for appellant in the fourth above-entitled action.

Charles T. Rubin for respondent in the fourth above-entitled action.

Philip F. Calderone for appellants in the fifth above-entitled action.

Francis J. Holloway and John P. Asiello for respondent in the fifth above-entitled action.

Chief Judge COOKE and Judges JASEN, JONES, and KAYE concur; Judges WACHTLER and SIMONS taking no part.

MEYER, J.

The common thread in these four appeals is the effect of sections 168 and 172 of the Insurance Law on the rights of an insured who fails to file proof of loss with the insurer within 60 days after the insurer's demand in writing. In Igbara the question is involved only peripherally; in the other three cases construction of the sections is determinative of the result.

When an insurer gives...

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