Empire State Shipping Service, Ltd. v. Hanover Insurance

*432We reject defendant’s argument that plaintiffs failed to preserve their contentions pertaining to the “accrual dates” of the underlying complaint’s causes of action. While they may not have been framed in quite the same manner, plaintiffs’ arguments can fairly be construed as having been made before Supreme Court and are therefore preserved (see Howard S. v Lillian S., 62 AD3d 187, 190 [2009], affd 14 NY3d 431 [2010]).

The Businessowners Policy provides coverage for “bodily injury” but “only if’ it is caused by an “occurrence” and the bodily injury “occurs during the policy period.” Supreme…