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CASTLE VIL. v. GREATER NY. MUT.

64 A.D.3d 44 (2009)

878 N.Y.S.2d 311

CASTLE VILLAGE OWNERS CORP., Appellant, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, et al., Defendants, and AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Respondent. (And Other Actions.)

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

Decided May 5, 2009.

Attorney(s) appearing for the Case

William Hart, Scarsdale, and Thelen LLP, New York City, for appellant.

Drinker Biddle & Reath LLP, New York City (Mark D. Sheridan, of the New Jersey bar, admitted pro hac vice, and Heather M. Hughes of counsel), for respondent.

SAXE, J.P., FRIEDMAN, SWEENY and DeGRASSE, JJ. concur.

OPINION OF THE COURT

NARDELLI, J.

The threshold issue in this declaratory judgment action is whether an exclusion in a commercial umbrella liability policy from coverage for the insured's own property can be circumvented by a claim that ameliorative measures had to be effected to the insured's property so as to prevent or cure damage to adjoining property. We conclude, in the factual scenario presented, that the policy provision is unambiguous, and that...

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