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ROSE INN OF ITHACA, INC. v. GREAT AMERICAN INSURANCE COMPANY

508972.

75 A.D.3d 737 (2010)

905 N.Y.S.2d 318

ROSE INN OF ITHACA, INC., et al., Appellants-Respondents, v. GREAT AMERICAN INSURANCE COMPANY, Respondent-Appellant.

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

Decided July 1, 2010.

Mercure, J.

Plaintiffs Charles Rosemann and Sheryl Rosemann are the sole shareholders and owners of plaintiff Rose Inn of Ithaca, Inc., which operated a country inn. After a substantial portion of the inn was destroyed in a 2004 fire, plaintiffs made a claim under their insurance policy, which was issued by defendant. Because plaintiffs decided not to rebuild the inn, the policy entitled them to the actual cash value of...

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