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THIBEAULT v. TRAVELERS INSURANCE COMPANY

37 A.D.3d 1000 (2007)

830 N.Y.S.2d 387

DEBORAH L. THIBEAULT et al., Appellants, v. TRAVELERS INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided February 22, 2007.

Rose, J.

Plaintiffs Deborah L. Thibeault and Thomas T. Thibeault Sr. (hereinafter collectively referred to as the Thibeaults) filed a fire loss claim under a homeowner's policy issued by defendant Travelers Insurance Company (hereinafter defendant). Defendant denied the claim on the ground that the policy had been canceled before the fire for nonpayment of the premium. When plaintiffs commenced this action seeking payment for their fire loss, defendant moved for summary...

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