United States Second Circuit

In an action between building proprietor and insurer, district court's grant of defendant-insurer's motion for summary judgment is vacated and remanded where 1) the district court misread the evidence in relation to the terms of the policy; 2) New York law is still unsettled as to the meaning of "collapse," yet the district court drew inappropriate significance from the refusal of the New York Court of Appeals to review lower court precedent in regards to the meaning of the term; and 3) the language of defendant's policy has genuine ambiguity, thus applying the rule that ambiguities in insurance policies are generally resolved in favor of the insured.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Patricia A. Rooney, Sinnreich & Kosakoff LLP, Central Islip, NY, for Appellants.


• For Appellees:
  
• Henry J. Cernitz, Jacobson & Schwartz, Rockville Centre, NY, for Appellees.