Legal Opinion

Platek v. Town of Hamburg

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 2012PublishedCited by 2 opinions

1Opinion of the Court

*1119Memorandum: Plaintiffs commenced this action for, inter alia, breach of contract, alleging that defendant Allstate Indemnity Company (Allstate) breached its insurance contract with plaintiffs by failing to provide coverage for water damage to the basement of their home after an abutting water main ruptured and water flooded their property. Allstate disclaimed coverage pursuant to an exclusion in the insurance policy, denominated “item 4,” which states that Allstate does not cover losses caused by “[wjater ... on or below the surface of the ground, regardless of its source ...[,] includ[ing]…

2Cases cited17 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
  3. White v. Continental Casualty Co.New York Court of Appeals · 2007
  4. United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
  5. Belt Painting Corp. v. TIG InsuranceNew York Court of Appeals · 2003

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3Cited by2 opinions

  1. Sportsfield Specialties, Inc. v. Twin City Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
  2. Sportsfield Specialties, Inc. v. Twin City Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2014

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