August 28, 2012
MAXINE MALLORY, AS EXECUTOR OF THE ESTATE OF MATTHEW MALLORY, APPELLANT,
ALLSTATE INSURANCE COMPANY, RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
Plaintiff sought compensation pursuant to her homeowner's insurance for fire damage. Defendant sought to raise three affirmative defenses based on plaintiff's alleged breach of the insurance policy. Under the facts of this case, the Appellate Division correctly determined that an insurer's failure to comply with 11 NYCRR 216.6 (c) in processing a claim does not preclude that insurer from relying upon a policy exclusion to disclaim coverage. On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and the certified question answered in the affirmative, in a memorandum.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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