CUNNINGHAM v. SECURITY MUTUAL INSURANCE COMPANY


260 A.D.2d 983 (1999)

689 N.Y.S.2d 290

EILEEN M. CUNNINGHAM, Respondent, v. SECURITY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided April 29, 1999.


Peters, J.

On January 19, 1997, a fire destroyed plaintiff's home and its contents. Plaintiff alleges that she gave defendant timely notice as required by her policy of insurance, provided two sworn statements concerning proof of loss as requested by defendant and submitted to an examination under oath in support of her claim. Plaintiff was notified by letter dated March 11, 1998 that her claim was denied based upon defendant's independent investigation.

Plaintiff...

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