The trial court's reliance upon section 172 of the Insurance Law in calculating interest from the date of loss was erroneous. Section 172 simply provides that the failure of an insured to file proofs of loss shall not be deemed to invalidate any claim of the insured unless after such loss the insurer gives written notice that it desires proofs of loss and the insured thereafter fails to submit such proofs. Thus it simply protects the insured's claim when he has not filed...
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