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DECKER v. BROOME CO-OP. INS.

166 Misc.2d 108 (1995)

631 N.Y.S.2d 793

Joan Decker, Plaintiff, v. Broome County Co-Operative Fire Insurance Company, Defendant.

Supreme Court, Otsego County.

August 4, 1995

Attorney(s) appearing for the Case

Andrews & Ransford, Syracuse (William S. Andrews of counsel), for defendant. Parshall & West, Worcester (Marvin D. Parshall of counsel), for plaintiff.

IRAD S. INGRAHAM, J.

Plaintiff brings suit to recover insurance proceeds after a fire at her property. Defendant moves to dismiss the complaint upon the grounds that plaintiff violated the fraud and misrepresentation provisions of the insurance policy and that plaintiff has failed to bring suit within the two-year period mandated by the insurance contract. Plaintiff disputes these allegations and contends that...

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