Del-Val Financial Corp. v. Federal Ins. Co.

Full title: DEL-VAL FINANCIAL CORPORATION et al., Appellants, v. FEDERAL INSURANCE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 27, 1996

228 A.D.2d 391 (N.Y. App. Div. 1996)

644 N.Y.S.2d 624

Opinion

June 27, 1996

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

We agree with the motion court that there was no ambiguity and that the broad language of both exclusions at issue unmistakably barred coverage ( see, Bendis v. Federal Ins. Co., 1989 WL 161437 [US Dist Ct, Kan, Dec. 4, 1989, Saffels, J.], affd 958 F.2d 960). We therefore need not determine whether Federal was obligated to advance defense costs.

We have considered plaintiffs' other contentions and find them to be without merit.

Concur — Milonas, J.P., Ellerin, Kupferman, Tom and Mazzarelli, JJ.