TRUPO v. PREFERRED MUTUAL INSURANCE COMPANY


59 A.D.3d 1044 (2009)

872 N.Y.S.2d 786

FRANCIS TRUPO et al., Respondents-Appellants, v. PREFERRED MUTUAL INSURANCE COMPANY, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.


It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking a determination that defendant is obligated to provide coverage for damage to their home and personal property pursuant to the terms of the insurance policy issued by defendant to them. Plaintiffs' home was allegedly damaged when approximately 75 gallons of a chemical mixture were released into the atmosphere from a nearby plant operated...

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