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TAPSCOTT FOOD CORP. v. LINCOLN INS. CO.

161 A.D.2d 451 (1990)

Tapscott Food Corp. et al., Appellants-Respondents, v. Lincoln Insurance Company et al., Respondents, and Ennia Insurance Company et al., Respondents-Appellants Tapscott Food Corp. et al., Appellants-Respondents, v. Dover Insurance Company et al., Respondents, and Excess Insurance Company, Respondent-Appellant

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

May 22, 1990

In this consolidated action plaintiffs seek recovery for fire loss from defendant insurers. On July 11, 1978, the plaintiffs' premises suffered a fire, and shortly thereafter they submitted claims for the loss. Defendants refused to pay, based upon, inter alia, prior cancellation.

Defendants subsequently moved for summary judgment on the grounds of, inter alia, prior cancellation, and plaintiffs opposed. The motions for summary judgment were all eventually...

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