MAGIE v. PREFERRED MUTUAL INSURANCE COMPANY

512015.

91 A.D.3d 1232 (2012)

937 N.Y.S.2d 452

2012 NY Slip Op 440

JAMES MAGIE et al., Respondents, v. PREFERRED MUTUAL INSURANCE COMPANY, Appellant.

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

Decided January 26, 2012.


LAHTINEN, J.

In August 2005, plaintiffs' house in the Town of Fallsburg, Sullivan County was destroyed by fire. Plaintiffs had a homeowner's insurance policy with defendant that included coverage of, among other things, $487,000 for the dwelling and $340,900 for personal property. Their losses allegedly exceeded these amounts and they elected not to rebuild the house.

At the time of the fire, plaintiffs were not staying at the premises, but instead were at...

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