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Parauda v.. Encompass Ins. Co. of. Am.

Homeowners Granted Declaration Loss Covered by Policy; Insurer Denied Summary Judgment

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The following papers read on this motion:Notice of Motion XXAffirmation in Support XXMemorandum in Opposition XMemorandum in Support XX

*1 Motion by defendant Encompass Insurance Company of America for summary judgment dismissing the complaint is denied. Upon searching the record, summary judgment is granted to plaintiffs to the extent of declaring that the loss is covered by the policy. Cross-motion by plaintiffs John Parauda and Gretchen Walsh for sanctions for spoliation of evidence is denied.This is an action on a homeowner’s insurance policy. Plaintiffs John Parauda and Gretchen Walsh own a home located at 61 Nannahagan Road in Pleasantville, NY, which they occupy as their residence. The house is a three-story Tudor-style structure, with a brick facade covering the entire first floor, and stucco and wood trim finish covering the second and third floors. The house was constructed around 1929. Defendant Encompass Insurance Company of America issued a “Deluxe” policy covering the home, as well as plaintiffs’ vehicles, which has been in force since July 1998. Under “additional property coverages,”

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