ROSALIE ESTATES, INC. v. COLONIA INS. CO.


227 A.D.2d 335 (1996)

643 N.Y.S.2d 59

Rosalie Estates, Inc., Respondent, and RCO International Inc., T/a Sport Motorcycle Center, Respondent-Appellant, v. Colonia Insurance Company, Appellant-Respondent, et al., Defendant

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

May 30, 1996


While a public claims adjuster may, under proper circumstances, serve as an agent for service of a demand for proof of loss pursuant to Insurance Law § 3407 (see, Esa v New York Prop. Ins. Underwriting Assn., 89 A.D.2d 865), in this case questions of fact remain as to whether service of the demand was properly effected upon plaintiff RCO by Colonia's delivery of the demand to RCO's adjuster, Foremost Adjustment Company...

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