Court of Appeals of New York
Bentoria Holdings, Inc. v. Travelers Indemnity Co., 160
In an action for breach of an insurance policy, the Appellate Division's denial of the insurer's motion for summary judgment is reversed where by expressly excluding earth movement "due to man made or artificial causes," the policy contradicts the idea that "the intentional removal of earth by humans" is not an excluded event, and as such, the policy cannot reasonably be read to cover the damage to the building on which plaintiff's claim is based.
Appellate Information
- Decided 10/25/2012
- Published 10/25/2012
Judges
- Smith
Court
- Court of Appeals of New York