Eubanks v. New York Property Insurance Underwriting
Association, Kings Co. Index No. 523461/2017 (NY Sup. Ct.
Kings Co. 2019).
Plaintiff brought a motion to dismiss two affirmative defenses
asserted by New York Property Insurance Underwriting Association in
its answer. Plaintiff had sued for fire damage to a residence. The
evidence developed prior to the denial of coverage by NYPIUA showed
that plaintiff no longer occupied the premises and that squatters
had moved in. Plaintiff had agreed, in an eviction proceeding that
plaintiff had brought after discovering the squatters, to allow the
squatters to remain for a specific period of time. Before the time
to depart had arrived, an accidental fire damaged the property.
Following the denial, plaintiff sued for coverage and NYPIUA
asserted that the long period of time the squatters had occupied
the premises satisfied the exclusion of a 60-day period for lack of
occupancy and that by allowing the squatters to remain
