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TRAVIS v. ALLSTATE INSURANCE COMPANY

280 A.D.2d 394 (2001)

720 N.Y.S.2d 499

BRIAN A. TRAVIS, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided February 22, 2001.

In this action for wrongful refusal to pay an insurance claim, defendant moved to dismiss the cause of action for breach of contract* on the ground that plaintiff failed to comply with the policy requirement that he submit a sworn proof of loss within 60 days of a demand therefor. Plaintiff maintained that defendant had led him to believe that it would not require strict compliance with the 60-day rule and argued that defendant had therefore waived...

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