SALKA v. LUMBERMENS MUT. CAS.


127 A.D.2d 333 (1987)

Thomas H. Salka et al., Respondents, v. Lumbermens Mutual Casualty Company, Appellant

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

April 30, 1987


Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey (Thomas O'Connor, Francis J. Holloway and Mary Ann D. Allen of counsel), for appellant.

Clute, Clute & Thompson (James W. Clute of counsel), for respondents.

MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.


WEISS, J. P.

On March 22, 1984, plaintiffs' home at 94 Main Street, Village of Keeseville, Clinton County, was destroyed by fire. The premises were insured under a homeowner's policy issued by defendant three weeks earlier. Plaintiffs gave prompt notice of the loss and timely rendered a statement of proof of loss. After plaintiffs were examined under oath on May 15, 1984, defendant forwarded an authorization...

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