American Guarantee & Liability Insurance v. Hoffmann

Order, Supreme Court, New York County (Louis B. York, J.), entered February 27, 2008, which, to the extent appealed from as limited by the briefs, granted plaintiff’s cross motion for summary judgment declaring no duty to defend or indemnify defendants, unanimously affirmed, with costs.

The policy at issue excludes from coverage any claims based “in whole or in part” on acts “in connection with” a trust of which defendants are beneficiaries. This is an enforceable exclusion (see American Guar. & Liab. Ins. Co. v Lerner, 58 AD3d 523 [2009]). Here, each claim in the underlying proceeding…