CASS v. FINGER LAKES CO-OPERATIVE INS. CO.


107 A.D.2d 904 (1985)

Newell Cass, Respondent, v. Finger Lakes Co-Operative Insurance Company et al., Appellants

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

January 17, 1985


On September 5, 1978, a three-story brick building owned by plaintiff was damaged by fire. Defendants are two insurance companies, which each insured the building against fire damage for $35,000, for a total coverage of $70,000. Plaintiff brought the instant action to recover money damages for breach of the contracts of fire insurance after defendants refused to pay his claimed damages. Defendants asserted the affirmative defenses

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