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Court of Appeals of New York


ComMet 380, Inc. v. TAG 380, LLC., 79

In an appeal considering whether a long-term ground tenant breached its lease by obtaining insurance coverage expressly excluding "terrorism" when the lease included an insurance clause which required the tenant to maintain insurance coverage against loss or damage by fire and other named perils included under the terms of the New York Standard Fire Insurance Policy and Extended Coverage Endorsement, the court of appeals rules that: 1) the lease at issue required tenant to procure insurance covering the named perils without excluding "terrorism" as an underlying cause of the named peril; and 2) by failing to do so, the tenant breached its lease.

Appellate Information

  • Decided 06/03/2008
  • Published 06/03/2008

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  • Court of Appeals of New York

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