JOHNSON v. COLONIAL PENN


127 Misc.2d 749 (1985)

Helen Johnson, Plaintiff, v. Colonial Penn Insurance Company, Defendant.

Supreme Court, Essex County.

March 15, 1985


Attorney(s) appearing for the Case

Hesson, Ford, Sherwood & Whalen for defendant. Ronald L. Newell for plaintiff.


THOMAS E. MERCURE, J.

In an action to recover the proceeds of a fire insurance policy, defendant carrier moves for partial summary judgment dismissing the portion of the complaint seeking damages for the amount deducted from the claim for depreciation ($11,914.01) and for debris removal ($3,500).

The underlying facts are undisputed. Defendant issued plaintiff a fire insurance policy effective February 5, 1982. On April 29, 1982, and while the...

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