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Sincerbeaux v. Nationwide Mut. Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 907 (N.Y. App. Div. 1994)

Opinion

July 15, 1994

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Denman, P.J., Green, Balio, Wesley and Davis, JJ.


Judgment unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Supreme Court improperly granted plaintiff's motion for summary judgment in this action seeking a declaration that defendant insurer must provide liability coverage to defendants Terry Snow and T.J. Snow under Terry Snow's homeowner's policy. Plaintiff is a stranger to the homeowner's insurance policy and may not seek enforcement of the insurer's obligation under it (see, Hershberger v. Schwartz, 198 A.D.2d 859, 860; see also, Clarendon Place Corp. v. Landmark Ins. Co., 182 A.D.2d 6, appeal dismissed 80 N.Y.2d 918). Plaintiff's remedy is a direct action against the insurer in the event that a judgment is rendered against the Snows and the judgment remains unsatisfied 30 days after entry (see, Insurance Law § 3420 [a] [2]; Hershberger v. Schwartz, supra).


Summaries of

Sincerbeaux v. Nationwide Mut. Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 907 (N.Y. App. Div. 1994)
Case details for

Sincerbeaux v. Nationwide Mut. Fire Ins. Co.

Case Details

Full title:AZENDA SINCERBEAUX, an Infant, by AZENDA LEONARD, Her Parent and Natural…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 15, 1994

Citations

206 A.D.2d 907 (N.Y. App. Div. 1994)
614 N.Y.S.2d 836

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