Ladouceur v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Ladouceur v. Allstate Insurance

205 A.D.2d 832, 615 N.Y.S.2d 293, 1994 N.Y. App. Div. LEXIS 5824

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1994

StatusPublished

This text of 205 A.D.2d 832 (Ladouceur v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ladouceur v. Allstate Insurance, 205 A.D.2d 832, 615 N.Y.S.2d 293, 1994 N.Y. App. Div. LEXIS 5824 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Lefkowitz, J.), entered July 29, 1992 in Rock-land County, which, inter alia, awarded summary judgment to defendant Allstate Insurance Company and declared the rights of the parties under a renters policy of insurance.

All parties agree that defendant Linda Morales and the infant plaintiff were insureds under an insurance policy provided by defendant Allstate Insurance Company. The insurance policy, however, clearly excludes liability coverage for bodily injury to an insured person. When language in an insurance policy is clear and unambiguous, reference to ex[833]*833trinsic evidence is neither necessary nor warranted. Under the circumstances, Supreme Court did not err in awarding Allstate summary judgment and declaring that it was not obligated to provide a defense or coverage to Morales.

Mercure, J. P., White, Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Lefkowitz, J.), entered July 29, 1992 in Rock-land County, which, inter alia, awarded summary judgment to defendant Allstate Insurance Company and declared the rights of the parties under a renters policy of insurance.

All parties agree that defendant Linda Morales and the infant plaintiff were insureds under an insurance policy provided by defendant Allstate Insurance Company. The insurance policy, however, clearly excludes liability coverage for bodily injury to an insured person. When language in an insurance policy is clear and unambiguous, reference to ex[833]*833trinsic evidence is neither necessary nor warranted. Under the circumstances, Supreme Court did not err in awarding Allstate summary judgment and declaring that it was not obligated to provide a defense or coverage to Morales.

Mercure, J. P., White, Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

205 A.D.2d 832, 615 N.Y.S.2d 293, 1994 N.Y. App. Div. LEXIS 5824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ladouceur-v-allstate-insurance-nyappdiv-1994.