Opinion
8490-8491 Index 652892/13
02-21-2019
The STATE INSURANCE FUND, Plaintiff–Respondent, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant–Appellant.
McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (Michael J. Marone of counsel), for appellant. Montfort, Healy, McGuire & Salley LLP, Garden City (James Michael Murphy of counsel), for respondent.
McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (Michael J. Marone of counsel), for appellant.
Montfort, Healy, McGuire & Salley LLP, Garden City (James Michael Murphy of counsel), for respondent.
Friedman, J.P., Gische, Kapnick, Gesmer, Kern, JJ.
Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered November 14, 2017, awarding plaintiff the aggregate amount of $ 1,456,904.11, unanimously reversed, on the law, without costs, the judgment vacated, and it is declared that defendant does not owe coverage under its umbrella policy. The Clerk is directed to enter judgment accordingly. Appeal from order, same court and Justice, entered on or about October 13, 2017, which denied defendant's motion for summary judgment and granted plaintiff's motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Due to the employer's liability endorsement, which is clear and unambiguous, the umbrella policy issued by defendant did not cover All Waste Interiors LLC (see Monteleone v. Crow Constr. Co., 242 A.D.2d 135, 140–141, 673 N.Y.S.2d 408 [1st Dept. 1998], lv denied 92 N.Y.2d 818, 684 N.Y.S.2d 489, 707 N.E.2d 444 [1998] ).
Both sides agree that New Jersey law governs the issue of whether defendant should be estopped from denying coverage to All Waste. None of the situations mentioned in Griggs v. Bertram, 88 N.J. 347, 443 A.2d 163 [1982] apply to this case.