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INTEGON NATIONAL INSURANCE COMPANY v. LIN

Index No. 156893/18. Appeal No. 13405. Case No. 2020-02788.

192 A.D.3d 558 (2021)

144 N.Y.S.3d 424

2021 NY Slip Op 01720

Integon National Insurance Company, Respondent, v. Zhong Shen Lin, Defendant, and Mayra Encarnacion, Appellant.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Ami Morgenstern, Attorney-at-Law, PLLC, Long Island City ( Marc Andrew Williams of counsel), for appellant.

Law Offices of Natasha Z. Millman, New York ( Natasha Z. Millman of counsel), for respondent.

Concur—Webber, J.P., Oing, Kennedy, Scarpulla, JJ.

The plain language of the policy (see Westchester Fire Ins. Co. v Schorsch, 186 A.D.3d 132, 140 [1st Dept 2020]) and the affidavit submitted by the decedent named applicant/named insured's daughter-in-law (see Tower Ins. Co. of N.Y. v Zaroom, 145 A.D.3d 556, 557 [1st Dept 2016]; Tower Ins. Co. of N.Y. v Hossain, 134 A.D.3d 644, 644 [1st Dept 2015]) established prima facie entitlement...

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