Schwartz v. Allstate Insurance

Plaintiff insured a house and pier with defendant Allstate Insurance Company agáinst all risks except as excluded by the policy. During a storm, a boat owned by the codefendant broke loose from its mooring, crashed into plaintiff’s pier, and assertedly caused the only damage sought to be recovered. Defendant denied liability under paragraphs (b) and (e) of the General Exclusions in the policy for water and *855wave damage, whether driven by wind or not. Special Term below upheld this defense and dismissed the complaint.

To determine the meaning of a policy the court must look to the fair and…