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WILNER v. ALLSTATE INS. CO.

2011-04283.

99 A.D.3d 700 (2012)

953 N.Y.S.2d 49

2012 NY Slip Op 6599

JUDITH WILNER, Individually and as Executor of HARRY WILNER, Deceased, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

October 3, 2012.

Ordered that the order is affirmed, with costs.

The defendant, Allstate Insurance Company (hereinafter Allstate), issued a Deluxe Plus Homeowner's Policy (hereinafter the policy) insuring the plaintiff's residence for the period of April 19, 2005, to April 19, 2006. During the coverage period, the plaintiff's property sustained extensive damage when, during a rain storm, a mudslide caused a retaining wall on her property to collapse. The plaintiff made a claim with...

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