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ALVAREZ v. XL SPECIALTY INS. CO.

Index No. 655391/19. Appeal No. 15329. Case No. 2021-02975.

202 A.D.3d 566 (2022)

159 N.Y.S.3d 681

2022 NY Slip Op 01096

Cesar Alvarez et al., Respondents, v. XL Specialty Insurance Company, Appellant, et al., Defendant.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Skarzynski Marick & Black LLP, New York (Alexis J. Rogoski of counsel), for appellant.

Sullivan & Cromwell LLP, New York (Brian D. Glueckstein of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.

Insurance policy exclusions "are given a strict and narrow construction" (Belt Painting Corp. v TIG Ins. Co., 100 N.Y.2d 377, 383 [2003]). The prior notice exclusion at issue here, as amended, only applies to those portions of the "Claim" that were the subject of a prior notice. Thus, rather than excluding coverage for the entire underlying lawsuit, the court properly assessed which causes...

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