ERIE INSURANCE COMPANY v. JMM PROPERTIES, LLC

506355.

66 A.D.3d 1282 (2009)

888 N.Y.S.2d 642

2009 NY Slip Op 7715

ERIE INSURANCE COMPANY, Appellant, v. JMM PROPERTIES, LLC, Respondent.

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

Decided October 29, 2009.


Peters, J.P.

Defendant, a limited liability company, owned a premises in the City of Oneida, Madison County that was insured by a commercial insurance policy issued by plaintiff. In November 2006, the premises was damaged by a fire. At the time of the fire, Michael Orr, Michael Froncek and Jeffrey Truman were the sole members of defendant.

After defendant submitted a claim to recover insurance proceeds, plaintiff investigated the fire, including conducting...

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