GEN. ELEC. CAPITAL CORP. v. ROYAL INS. CO. OF AM.


205 A.D.2d 396 (1994)

613 N.Y.S.2d 392

General Electric Capital Corporation, Respondent, v. Royal Insurance Company of America, Appellant

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

June 21, 1994


The IAS Court properly denied defendant's motion for summary judgment. "When an insurer gives its insured written notice of its desire that proof of loss under a policy of * * * insurance be furnished and provides a suitable form for such proof, failure of the insured to file proof of loss within 60 days after receipt of such notice, or within any longer period specified in the notice, is an absolute defense to an action on the policy, absent waiver of the requirement...

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