Erie Ins. Exch. v. J.M. Pereira & Sons, Inc.

96 N.E.3d 205, 73 N.Y.S.3d 109, 31 N.Y.3d 938

Opinion

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, with costs, and certified question answered in the affirmative. Plaintiff failed to establish, as a matter of law, that the "loss was unambiguously excluded from the coverage of [the] policy" ( Pioneer Tower Owners Assn. v. State Farm Fire & Cas. Co., 12 N.Y.3d 302, 307, 880 N.Y.S.2d 885, 908 N.E.2d 875 [2009] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.