New York Court of Appeals, 2012

Mallory v. Allstate Insurance

Mallory v. Allstate Insurance
New York Court of Appeals · Decided August 28, 2012
19 N.Y.3d 978; 974 N.E.2d 1169
Mallory v. Allstate Insurance

Cases that cite this one

80 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff sought compensation pursuant to decedent’s 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 NYCKR 216.6 (c) in processing a claim does not preclude that insurer from relying upon a policy exclusion to disclaim coverage.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.