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WILLIAMS v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION

11481. 151083/14.

183 A.D.3d 410 (2020)

121 N.Y.S.3d 594

2020 NY Slip Op 02719

Edward Williams, Appellant, v. New York Property Insurance Underwriting Association, Respondent, et al., Defendant.

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

Decided May 7, 2020.

NYPIUA, created by statute, is required to adhere to its plan of operation (Insurance Law § 5402[d]). The plan of operation specifically states that, "[a]ny person who, after reasonable notice, has not provided access to the insured property for inspection," is not eligible for coverage.

NYPIUA's submissions on summary judgment, which included, inter alia, the plan of operation, the deposition testimony of NYPIUA's underwriting supervisor, her affidavit, and...

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