W. JOSEPH McPHILLIPS, INC. v. ELLIS


8 A.D.3d 782 (2004)

778 N.Y.S.2d 541

W. JOSEPH McPHILLIPS, INC., Plaintiff, v. FRANK P. ELLIS, Appellant, et al., Defendant. NEIL McPHILLIPS et al., Respondents.

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

June 10, 2004.


Rose, J.

Plaintiff, an insurance agency whose officers are Neil McPhillips and Paul R. McPhillips (hereinafter collectively referred to as the officers), brought this action seeking unpaid premiums on certain insurance policies covering commercial property operated by defendants Frank P. Ellis and Josef Roettig. In July 1994, an explosion and fire destroyed much of the premises. When the amount of insurance proved inadequate to cover the loss, Ellis, as the sole owner...

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