CARDEN v. ALLSTATE INS. CO.

1807/09.

30 Misc.3d 479 (2010)

912 N.Y.S.2d 867

DONALD CARDEN et al., Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

Supreme Court, Westchester County.

Decided December 10, 2010.


Attorney(s) appearing for the Case

Law Offices of Mary A. Bjork, Tarrytown, and Lewis Johs Avallone Aviles, LLP, Melville, for defendant.

Caruso Glynn, LLC, Fresh Meadows, for plaintiffs.


OPINION OF THE COURT

GERALD E. LOEHR, J.

On January 31, 2007, plaintiffs' home in Pelham, New York (the dwelling) was substantially damaged by fire. At that time, plaintiffs were insured by defendant under a deluxe homeowner's policy (the policy). Due to the damage caused by the fire, the plaintiffs could no longer reside in the dwelling and rented another residence. They also apparently put some of their...

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