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RYAN v. PREFERRED MUTUAL INSURANCE COMPANY

38 A.D.3d 1148 (2007)

834 N.Y.S.2d 338

MATTHEW J. RYAN et al., Respondents, v. PREFERRED MUTUAL INSURANCE COMPANY et al., Defendants, and H.R. TALMON CLAIM ASSOCIATES, Appellant.

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

Decided March 29, 2007.

Crew III, J.P.

In January 2004, plaintiffs contacted defendant William J. Fagan & Sons, Inc., an insurance broker, to procure a homeowner's insurance policy for their residence in the Town of Cropseyville, Rensselaer County. Fagan, in turn, obtained a policy from defendant Preferred Mutual Insurance Company (hereinafter the insurer) covering the period from February 2, 2004 to February 2, 2005. Thereafter, in April 2004, the radiant heating system in plaintiffs...

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