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BYDESKUTHY v. HANOVER INS. CO.

229 A.D.2d 371 (1996)

644 N.Y.S.2d 783

Karoly Bydeskuthy, Respondent, v. Hanover Insurance Company et al., Appellants

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

July 1, 1996

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

This action was commenced to recover damages for breach of an insurance policy. The defendants denied the plaintiff's claim for recovery based upon his failure to provide a duly demanded proof of loss, and moved to dismiss the complaint. The Supreme Court denied the defendants' motion. We reverse.

An insured's failure to file sworn...

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