LYNCH v. LIBERTY MUTUAL FIRE INSURANCE COMPANY


58 A.D.3d 939 (2009)

870 N.Y.S.2d 166

GEORGE LYNCH et al., Appellants, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

January 8, 2009.


STEIN, J.

Plaintiffs commenced this action for breach of contract based upon defendant's denial of coverage for damage to plaintiffs' swimming pool under a policy of insurance issued to plaintiffs by defendant. Defendant claims that such damage is not covered by the policy because it was caused by normal wear and tear. Plaintiffs, on the other hand, argue that the damage was covered because it was caused by a lightning strike.* After substantial...

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