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MALLORY v. ALLSTATE INS. CO.

No. 213 SSM 26.

19 N.Y.3d 978 (2012)

974 N.E.2d 1169

950 N.Y.S.2d 727

2012 NY Slip Op 6045

MAXINE MALLORY, as Executor of the Estate of MATTHEW MALLORY, Deceased, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Decided August 28, 2012.

Attorney(s) appearing for the Case

Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola ( Norman H. Dachs of counsel), for appellant.

Feldman, Rudy, Kirby & Farquharson, P.C., Jericho ( Brian R. Rudy of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff sought compensation pursuant to decedent's homeowner's insurance for fire damage. Defendant sought to raise three affirmative defenses based on plaintiff's alleged breach of the insurance policy. Under the facts of this case, the Appellate Division correctly determined that an insurer...

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