VanACKER v. UNITRIN PREFERRED INS. CO.

62836.

2008 NY Slip Op 51663 (U)

DAVID K. VANaCKER and SUSAN Y. VANACKER, Plaintiffs, v. UNITRIN PREFERRED INSURANCE COMPANY D/B/A KEMPER AUTO and HOME, MEAD MALOY AGENCY, INC., D/B/A ELY & LEENE AGENCY, and TIMOTHY CAPON, Defendants.

Supreme Court of the State of New York, Wayne County.

Decided June 30, 2008.


Attorney(s) appearing for the Case

Burke & Burke, Patrick J. Burke, Esq., of Counsel, Attorneys for Plaintiffs.

Hurwitz & Fine, P.C., Steven E. Peiper, Esq., of Counsel, Attorneys for Defendant, Unitrin.


DENNIS M. KEHOE, J.

The Defendant ("Unitrin") has moved pursuant to CPLR §3211(1) for an order dismissing the Plaintiffs' Complaint in its entirety, or in the alternative, for an order dismissing the Plaintiffs' allegations of bad faith. The Plaintiffs' ("VanAcker") have opposed the motion. (The remaining Defendants are not parties to this motion.)

In its moving papers, Unitrin maintains that the Van Ackers' Complaint must be dismissed as untimely, based...

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