Heleniak v. Blue Ridge Insurance

Order unanimously reversed on the law with costs, plaintiff’s motion granted, defendant’s cross motion denied and judgment declared, in accordance with the following memorandum: Defendant issued a homeowner’s insurance policy designating plaintiff Joseph Heleniak as a named insured. The policy provided:

"If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage caused by an occurrence to which this coverage applies, we will:

"1. pay up to our limit of liability for the damages for which the insured is legally liable; and

"2. provide a…