NEW YORK PROP. INS. UNDERWRITING ASS'N v. PRIMARY REALTY INC.


166 A.D.2d 376 (1990)

New York Property Insurance Underwriting Association, Respondent, v. Primary Realty Inc., Appellant, et al., Defendants

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

October 30, 1990


Defendants, plaintiff's insureds, suffered a fire loss to certain Bronx premises on September 4, 1987. By letter dated December 28, 1987, received by defendant Primary on January 8, 1988, plaintiff demanded sworn proofs of loss, as could be required under the standard fire insurance policy. In response, Primary submitted unexecuted, unsworn proof of loss forms on February 16, 1988, the day on which an examination under oath of Primary's president was conducted by plaintiff...

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