Schwartz v. Allstate Insurance

The plaintiff moves for summary judgment pursuant to CPLR 3212 in an action to recover damages on an insurance policy.

The undisputed facts are that during a storm a boat owned by the codefendant broke its moorings and struck plaintiff’s pier causing damage. The plaintiff seeks recovery under its "Delux Homeowners” policy in effect at the time of loss. The defendant insurance company disclaimed liability relying upon the general exclusions sections under the policy involved. It states on page 6 and 7: "Allstate shall not be liable: Under coverages A, B, & E for loss * * * (b) to fences,…