STEIN v. SECURITY MUTUAL INSURANCE COMPANY


38 A.D.3d 977 (2007)

832 N.Y.S.2d 679

ROBERT J. STEIN et al., Respondents, v. SECURITY MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent-Appellant. MOORE INSURANCE AGENCY, Third-Party Defendant-Appellant-Respondent.

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

Decided March 1, 2007.


Kane, J.

In November 2002, third-party defendant, Moore Insurance Agency, submitted plaintiffs' application for homeowners insurance to defendant. Pursuant to the agency agreement between defendant and Moore, defendant was bound by the policy at the time that Moore accepted the application and initial premium payment. The submitted application was unsigned and indicated that no prior loss claims had been experienced in the past five years. Upon receipt and processing...

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