Lincoln Fritz & Kenneth Fritz v. Edward A. Kurmel Brokerage, Ltd. and Mountain Valley Indemnity Company
This case involved an insurance claim for alleged fire damage to a home located in Brooklyn, New York. While investigating the claim, it was discovered that Lincoln Fritz did not reside in the Brooklyn residences on the date of loss. The Appellate Division, Second Department reversed the Trial Court, granting summary judgment to Mountain Valley. The decision confirms that the “residence premises” definition of a homeowner’s policy requires that the insured reside at the premises at the time of the loss to be covered under the policy. It also addresses the inapplicability of the doctrines of waiver and estoppel which cannot operate to create insurance coverage where none exists under the policy as written.
Kevin Buckley and Rachel Horzempa Winship represented Mountain Valley Indemnity Company.
To read the Court’s decision, click here: Decision – Fritz