ROBERTS v. N Y PROPERTY INSURANCE U/w ASSOC

Full title: LINWOOD ROBERTS, Appellant, v. NEW YORK PROPERTY INSURANCE UNDERITING…

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

Date published: Sep 21, 1998

253 A.D.2d 807 (N.Y. App. Div. 1998)

677 N.Y.S.2d 621

Opinion

September 21, 1998

Appeal from the Supreme Court, Kings County (Kramer, J.).

Ordered that the order is affirmed, with costs.

The insurance policy at issue provides that any action against the insurer must be commenced within two years after the date of loss. There is no merit to the plaintiff's contention that the words "date of loss" appearing in his policy are ambiguous ( see Costello v. Allstate Ins. Co., 230 A.D.2d 763). The phrase has been held to refer to the date of the catastrophe insured against, and not the date of the completion of the process to determine the loss ( see, Costello v. Allstate Ins. Co., supra). Accordingly, the plaintiffs action, which was commenced more than 24 months after the fire on his premises, was properly dismissed as time-barred.

The plaintiff's remaining contention is without merit.

Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.