TURKOW v. ERIE INSURANCE COMPANY


20 A.D.3d 649 (2005)

798 N.Y.S.2d 768

RICHARD J. TURKOW, Individually and Doing Business as CLINE & SON WELL DRILLING, Respondent, v. ERIE INSURANCE COMPANY, Appellant.

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

July 7, 2005.


Cardona, P.J.

After a July 25, 2001 fire destroyed certain tools and equipment that plaintiff used in his business, he sought damages under an insurance policy issued by defendant. In April 2002, defendant denied the claim contending that plaintiff failed to provide, inter alia, a proof of loss statement as required by the policy and also cooperate with its investigation. In August 2003, plaintiff commenced this action seeking to enforce the policy. Following joinder...

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