AUERBACH v. OTSEGO MUTUAL FIRE INSURANCE CO.


36 A.D.3d 840 (2007)

829 N.Y.S.2d 195

JEFF AUERBACH et al., Respondents, v. OTSEGO MUTUAL FIRE INSURANCE CO., Appellant.

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

Decided January 30, 2007.


Ordered that the order is affirmed, with costs.

The defendant issued a fire insurance policy to Recep Akgun and Angelina Akgun for a house in Huntington, New York. The plaintiffs, who are the Akguns' son-in-law and daughter, resided rent-free in the home, while the named insureds, the Akguns, lived in Florida at the time of the loss at issue herein. However, the Akguns had their own bedroom at the house, kept items of personalty...

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