PHYLLIS REALTY CO. v. TRAVELERS INS. CO.


227 A.D.2d 460 (1996)

643 N.Y.S.2d 363

Phyllis Realty Company, Respondent, v. Travelers Insurance Company, Appellant. (And a Third-Party Title.)

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

May 13, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

It is well settled that a claimant's failure to file sworn proof of loss within 60 days after the demand therefor constitutes an absolute defense to an action to recover damages under an insurance policy, absent a waiver of the requirement by the insurance carrier or conduct on its part...

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