ADAMOWICZ v. N. COUNTRY INS.

No. 506786

70 A.D.3d 47 (2009)

889 N.Y.S.2d 733

2009 NY Slip Op 8927

ANNE MARIE ADAMOWICZ, Appellant, v. NORTH COUNTRY INSURANCE COMPANY, Respondent.

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

Decided December 3, 2009.


Attorney(s) appearing for the Case

Brennan & White, L.L.P., Queensbury (Eric C. Schwenker of counsel), for appellant.

Flink Smith, L.L.C., Latham (Paul J. Campito of counsel), for respondent.

PETERS, J.P., KANE, KAVANAGH and McCARTHY, JJ., concur.


OPINION OF THE COURT

ROSE, J.

Plaintiff sought reimbursement under an insurance policy issued by defendant for the costs she incurred after her home was damaged by fire. Although the parties were able to settle all of plaintiff's other claims, they were unable to settle her claim for additional living expenses. Defendant then sent a letter to plaintiff's attorney demanding submission of sworn proof of loss as to that claim within 60 days. When no proof of...

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