SWEAZEY v. MERCHS. MUT INS


169 A.D.2d 43 (1991)

Walter Sweazey et al., Respondents, v. Merchants Mutual Insurance Company, Appellant

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

June 13, 1991


Attorney(s) appearing for the Case

Andrews & Ransford (Stephen J. Ransford of counsel), for appellant.

LoPinto, Schlather, Solomon & Salk (Thomas D. Cramer of counsel), for respondents.

MAHONEY, P. J., CASEY, YESAWICH, JR., and HARVEY, JJ., concur.


WEISS, J.

The pivotal issue in this appeal is whether consequential and punitive damages are recoverable in an action against an insurance company alleging breach of a contract of fire insurance issued to plaintiffs covering the building in which they resided and operated a business selling used cars. The facts, briefly stated, are that on August 2, 1988 defendant, through its agent, issued a homeowners policy...

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