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STATE INSURANCE FUND v. SELECTIVE INS. CO. OF AMERICA

652892/13. 8491. 8490.

169 A.D.3d 568 (2019)

92 N.Y.S.3d 638

2019 NY Slip Op 01334

State Insurance Fund, Respondent, v. Selective Insurance Company of America, Appellant.

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

Decided February 21, 2019.

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 [1st Dept 1998], lv denied 92 N.Y.2d 818 [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...

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