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BALL v. ALLSTATE INS. CO.

81 N.Y.2d 22 (1993)

Michael A. Ball et al., Appellants, v. Allstate Insurance Company, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Weg and Myers, P. C., New York City (Dennis T. D'Antonio and Myrle L. Horvitz of counsel), for appellants.

Feldman & Rudy, Westbury (Stuart D. Markowitz of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in Per Curiam opinion.

Per Curiam.

Insurance Law § 3407 provides that the failure to furnish proofs of loss as specified in a contract of insurance shall not result in a forfeiture or diminution of a claim unless the insurer gives the insured written notice that it requires proofs of loss. It further provides:

"If the insured shall furnish proofs of loss within sixty days after the receipt of such notice and such form or forms...

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