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LITWIN v. TRI-STATE CONSUMER INSURANCE COMPANY

7744. 157367/13.

166 A.D.3d 563 (2018)

86 N.Y.S.3d 726

2018 NY Slip Op 08183

Francine Litwin, Appellant, v. Tri-State Consumer Insurance Company, Respondent.

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

Decided November 29, 2018.

Defendant failed to establish prima facie that it complied with the terms of the insurance policy in paying plaintiff's claim for damage to personal property due to a fire (see Bardi v Farmers Fire Ins. Co., 260 A.D.2d 783, 785-786 [3d Dept 1999], lv denied 94 N.Y.2d 839 [1999]). The policy provided for the submission of an initial claim and, within 180 days, proof of additional liability...

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