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McLAUGHLIN v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY

8 A.D.3d 739 (2004)

777 N.Y.S.2d 773

JOHN D. McLAUGHLIN, Appellant-Respondent, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Also Known as NATIONWIDE INSURANCE, Respondent-Appellant, and MICHAEL A. ATTANASIO AGENCY, INC., Respondent.

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

June 3, 2004.

Peters, J.

In February 1990, plaintiff obtained a homeowners insurance policy for a vacant dwelling located in the Town of Waterford, Saratoga County, from defendant Nationwide Mutual Fire Insurance Company through its agent, defendant Michael A. Attanasio Agency, Inc. In October 1996, the dwelling was destroyed by a fire. After an investigation, Nationwide determined that, due to material misrepresentations made in the application...

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