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DAURIA v. CASTLEPOINT INSURANCE COMPANY

12411, 302708/11

120 A.D.3d 1016 (2014)

992 N.Y.S.2d 210

2014 NY Slip Op 06034

LINDA DAURIA et al., Appellants, v. CASTLEPOINT INSURANCE COMPANY et al., Defendants, and FRANK CAMPO, Respondent.

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

Decided September 4, 2014.

In 2008, defendant Castlepoint Insurance Company issued a homeowner's policy to plaintiffs Linda Dauria and Thomas Dauria based on an application prepared and submitted on their behalf by defendant broker Frank Campo. After a fire in 2010, Castlepoint rescinded the policy based on its determination that the premises contained a basement apartment, which rendered it a "three family" dwelling as opposed to the "two family" designation...

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