Castle Village Owners Corp. v. Greater New York Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Nardelli, J.
The threshold issue in this declaratory judgment action is whether an exclusion in a commercial umbrella liability policy from coverage for the insured’s own property can be circumvented by a claim that ameliorative measures had to be effected to the insured’s property so as to prevent or cure damage to adjoining property. We conclude, in the factual scenario presented, that the policy provision is unambiguous, and that the policy does not provide coverage for the claim.
Plaintiff, Castle Village Owners Corp., is a cooperative corporation which owns land bounded…
2Cases cited8 opinions
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Westview Associates v. Guaranty National InsuranceNew York Court of Appeals · 2000
- Wilson v. Galicia Contr. & Restoration Corp.New York Court of Appeals · 2008
- Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- State v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Olin Corp. v. Lamorak Ins. Co.District Court, S.D. Illinois · 2018
- Baker v. Saint-Gobain Performance Plastics Corp.District Court, N.D. New York · 2017
- Clarinet, LLC v. Essex InsuranceCourt of Appeals for the Eighth Circuit · 2013
- Ivory v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- HLT Props., LLC v. Evanston Ins. Co.District Court, W.D. Texas · 2019
3 more not listed; retrieve them via the Exa API.