Universal American Corp. v. National Union Fire Insurance

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 8, 2013, which denied plaintiff insured’s motion for summary judgment and granted defendant insurer’s cross motion for summary judgment, unanimously modified, on the law, to declare that the policy does not provide coverage for the claimed loss, and otherwise affirmed, without costs.

The motion court properly interpreted the policy as a matter of law (see Dean v Tower Ins. Co. of N.Y., 19 NY3d 704, 708 [2012]; White v Continental Cas. Co., 9 NY3d 264, 267 [2007]). The court correctly found that the unambiguous plain…