Court Asks Whether N.Y. Homeowner 'Lulled' Into Late Insurance Filing

NEW YORK - A New York trial judge has denied Allstate Insurance Co.'s bid for summary judgment in a homeowner's suit for coverage of mold and water damage that the carrier maintains was filed beyond the policy's deadline. Fox v. Allstate Insurance Co., No. 12758/2009 (N.Y. Sup. Ct., Queens Cty.).

Queens County (N.Y.) Supreme Court Justice Howard G. Lane ruled on Feb. 18 that there are disputable issues of fact as to whether Allstate "lulled" Eleanor Fox into delaying her lawsuit beyond the policy's two-year filing deadline.

Eleanor Fox complains that Allstate has failed to pay $119,311.29 for water and …