Caliendo v. Travelers Indemnity Co.

In interpreting the provisions of an insurance policy, the law provides that, when the terms and conditions of a policy are clear and unambiguous, the construction of the policy presents a question of law to be determined by the court, and the court may properly grant summary judgment (see, Gelb v Elroy Enters., 170 AD2d 481; Dubay v Trans-America Ins. Co., 75 AD2d 312).

The language of the umbrella plan, personal liability policy issued to the plaintiff was clear and unambiguous. Further*575more, the coverage sought for losses assessed to the plaintiff as a condominium unit owner by the…