Land O'Sun Management Corp. v. Commerce & Industry Insurance Co.

Appellant appeals the trial court’s order dismissing its claim without leave to amend and ordering that any further action by Appellants shall be brought in the state of New York. We affirm.

Appellee issued an insurance policy insuring Appellant’s gas station. The policy included coverage for defense costs which may be incurred in administrative proceedings seeking to impose clean-up costs to Appellant due to underground pollution occurring at the gas station. When Appellee was notified of a pending administrative action, it refused to defend, contending the contamination occurred prior to the…