• Insured Barred From Recovery Based Upon Judicial Estoppel Following Bankruptcy Proceeding
  • October 21, 2011
  • Law Firm: Hiscock Barclay LLP - Syracuse Office
  • The Appellate Division, Third Department, recently decided a case in which it held that the insured was estopped from asserting a claim against the property insurer for damage to business personal property in excess of the valuation placed on the property by the insured in a bankruptcy filing several months before the property was destroyed by fire. Kittner, Individually, and as Assignee of Stewart Quimby, et al. vs. Eastern Mutual Insurance Company, 80 A.D.3d 843 (3d Dep’t. 2011).