Wednesday, June 11, 2008

Questions of Fact on Business Purpose of Insured's Work Preclude Summary Judgment

Sanginito v. National Grange Mut. Ins. Co.
(1st Dept., decided 6/10/2008)

This case presumably involved a business pursuits exclusion of some kind, probably under a homeowners policy. In AFFIRMING the Bronx Supreme's denial of summary judgment to the plaintiff, the First Department held:

To negate coverage by virtue of an exclusion, an insurer must establish that the exclusion is stated in clear and unmistakable language, is subject to no other reasonable interpretations, and applies in the particular case (citation omitted).

We agree with the motion court that the exclusion is not clear and unambiguous. Further, there are unresolved questions of fact remaining as to whether or not the business purpose of and work performed by plaintiffs excluded them from coverage under the policy.

Unfortunately, the decision gives no facts and does not recite the exclusion at issue.

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