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Summary Judgment Fails for Lack of Convincing Evidence  

Plaintiff Craig Finch owns parcels of real property in Broome County,  New York, the relevant ones for our purposes being one on Kennedy Road  (hereinafter the subject premises) and another on Bishop Road. A  single-family home was situated on the subject premises, while a second  home was situated about 1,000 feet away on the Bishop Road property. The  homeowner\'s insurance policy for the subject premises was procured  through defendant Erie Insurance Company and named Finch as the insured.  Erie contended Finch did not live at the Dwelling and denied his claim  on that ground.  In Craig Finch v. Erie Insurance Company, No. 534429, 2022 NY Slip Op  06851, Supreme Court of New York, Third Department (December 1, 2022)  Erie appealed the denial of its Motion for Summary Judgment and a New  York Appellate Court resolved the dispute.  

FACTS  

A fire seriously damaged the subject premises on the evening of November  22, 2016. Plaintiff notified defendant of the loss, stating that warm  ashes in a vacuum cleaner on the back porch had caused the fire, and the  ensuing investigation conducted on defendant\'s behalf confirmed that  the fire was accidental and had begun on the back porch. The  investigator did not determine the cause of the fire but could not rule  out the vacuum cleaner.  Defendant disclaimed coverage upon the grounds that plaintiff did not  reside at the subject premises as required and that, by installing a  pellet stove where the warm ashes had originated, he had substantially  increased the hazards present there.