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FIVE TOWNS NISSAN, LLC v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY

16535, 651164/13

135 A.D.3d 416 (2016)

21 N.Y.S.3d 880

2016 NY Slip Op 00016

FIVE TOWNS NISSAN, LLC, Appellant, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided January 5, 2016.

The motion court correctly applied the unlimited aggregate deductible set forth in policy endorsement No. 001, rejecting plaintiff's contention that the limited deductible set forth in the certificate insurance governed. The certificate was not proof of insurance and contained a broad disclaimer that it was a contract or conferred any rights on the certificate holder (see Buccini v 1568 Broadway Assoc., 250 A.D.2d 466, 469 [1st Dept...

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