NEW RAINBOW HEAVEN LLC v. WESCO INS. CO.

7082. 655648/16.

163 A.D.3d 439 (2018)

80 N.Y.S.3d 48

2018 NY Slip Op 05117

New Rainbow Heaven LLC et al., Respondents, v. Wesco Insurance Company, Appellant.

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

Decided July 10, 2018.


The record does not demonstrate as a matter of law that the fire that destroyed plaintiff Lin's restaurant and the building she owned in which it was located was caused by Lin herself and that therefore defendant was entitled to deny Lin's claims under its insurance policy on the ground of fraud during the investigation of the loss. The evidence indicates that the property, located in Hornell, New York, may have been destroyed by arson and that Lin may have had a motive to...

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