LATHA RESTAURANT CORP. v. TOWER INSURANCE COMPANY


38 A.D.3d 321 (2007)

831 N.Y.S.2d 411

LATHA RESTAURANT CORP., Doing Business as MARATHON DINER, Appellant, v. TOWER INSURANCE COMPANY, Respondent.

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

Decided March 15, 2007.


Plaintiff's proof of loss statement included duplicative items, items in which it demonstrably had no insurable interest and a representation of loss attributable to the expense of debris removal, an expense it later admitted it never incurred. Even if these items were credited, plaintiff's demonstrated losses amounted to only $275,000. The nearly $400,000 remainder of plaintiff's claimed loss in its proof of loss statement remains unaccounted for and unexplained. Overvaluation...

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