KAWA v. NATIONWIDE INS. CO.


174 Misc.2d 407 (1997)

664 N.Y.S.2d 430

Brian F. Kawa et al., Plaintiffs, v. Nationwide Mutual Fire Insurance Company, Defendant.

Supreme Court, Erie County.

October 20, 1997


Attorney(s) appearing for the Case

Duke, Holzman, Yaeger & Photiadis, L. L. P. (Lizabeth A. Martin of counsel), for plaintiffs. Roy A. Mura for defendant.


THOMAS P. FLAHERTY, J.

Plaintiffs had property coverage for their home with the defendant insurer. Their residence was damaged in a windstorm in February of 1997, including damage to the aluminum siding.

Following an inspection of the subject premises the defendant tendered a settlement offer for repairs. Maintaining that the policy required defendant to replace all of their aluminum siding with new vinyl siding, plaintiffs rejected the offer...

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