Summary
In Mumuni v. Eagle Insurance Company (247 A.D.2d 315, lv dismissed in part, denied in part 92 N.Y.2d 940), this Court held that the term "midnight" is ambiguous, that the ambiguity should be construed against the insurance company, and that a policy which was effective "`from 12/31/88 midnight to 12/31/89 midnight'" covered the insured from 12:01 A.M. on December 31, 1988, when the insured's prior policy lapsed.
Summary of this case from American Transit Ins. Co. v. WilfredOpinion
February 24, 1998
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
The accident occurred on December 31, 1988 at 9:00 A.M. Defendant-respondent's policy with the insured expired as of 12:01 A.M. on December 31, 1988; defendant-appellant's policy with the insured was effective "from 12/31/88 midnight to 12/31/89 midnight". We agree with the IAS Court that the word "midnight" is ambiguous, and that the ambiguity should be construed against defendant-appellant so as to provide coverage as of the termination of defendant-respondent's policy at 12:01 A.M. ( see, Leatherby Ins. Co. v. Villafana, 82 Misc.2d 144).
Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.