In this action for insurance coverage and damages resulting from a raccoon infestation and alleged faulty remediation, plaintiff's submissions raised triable issues of fact.
While failure to submit a signed proof of loss within 60 days after the insurer's request, as called for in the policy, can be an absolute defense to an action on the policy, this is true only in the absence of a waiver or conduct by the insurer that results in an estoppel against the assertion...
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