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KRAVITZ v. PIONEER INS. CO.

176 A.D.2d 430 (1991)

Jay Kravitz et al., Respondents, v. Pioneer Insurance Company, Appellant

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

September 26, 1991

Where an insurer has properly demanded a statement of proof of loss from its insured, the failure to submit such a statement is a complete defense to the insured's claim under the policy (Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 N.Y.2d 201). Here, defendant argues that despite its having made the proper demand, no proof of loss was timely filed and it was therefore entitled to summary

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