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Novak v. All City Insurance Company

Court of Appeals of the State of New York
Feb 7, 1978
374 N.E.2d 127 (N.Y. 1978)

Opinion

Argued January 3, 1978

Decided February 7, 1978

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THEODORE A. KELLY, J.

Arthur Moskoff for appellant.

Philip Hoffer, Rose L. Hoffer, Peter T. Affatato and Adolph B. Salib for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The indorsement attached to the comprehensive liability insurance policy and issued simultaneously with that policy by the respondent insurance company excludes insurance coverage for "Bodily Injury * * * arising out of (1) the named insured's products". The policy defines "named insured's products" as "goods or products manufactured, sold, handled or distributed by the named insured". So broad and clear a definition must be deemed to include food served to patrons of the restaurant and adequately advised the insured as to the exclusion. Since we find the exclusionary clause unambiguous, it "must be given [its] plain and ordinary meaning" (Government Employees Ins. Co. v Kligler, 42 N.Y.2d 863, 864), excluding coverage for the claims set forth against the insured and for the judgment entered as a result thereof.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.


Summaries of

Novak v. All City Insurance Company

Court of Appeals of the State of New York
Feb 7, 1978
374 N.E.2d 127 (N.Y. 1978)
Case details for

Novak v. All City Insurance Company

Case Details

Full title:DORIS NOVAK et al., Appellants, v. ALL CITY INSURANCE COMPANY, Respondent

Court:Court of Appeals of the State of New York

Date published: Feb 7, 1978

Citations

374 N.E.2d 127 (N.Y. 1978)
374 N.E.2d 127
403 N.Y.S.2d 216

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