VASILE v. HARTFORD ACCIDENT & INDEM. CO.


213 A.D.2d 541 (1995)

624 N.Y.S.2d 56

John A. Vasile et al., Respondents, v. Hartford Accident & Indemnity Company, Appellant

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

March 20, 1995


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion is granted in its entirety, and the complaint is dismissed.

The plaintiffs seek to recover under an "all-risk" policy of homeowners' insurance for the claimed loss that their artesian well failed to produce a sufficient quantity of potable water after many years of use. An insured seeking to recover for a loss under an insurance policy has the burden of proving...

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