Spina v. Phoenix Home Life Mutual Insurance

Appellate Division of the Supreme Court of New York

Spina v. Phoenix Home Life Mutual Insurance

250 A.D.2d 425, 671 N.Y.S.2d 658, 1998 N.Y. App. Div. LEXIS 5410

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1998·Published

Opinion

—Order, Supreme Court, New York County (Herman Cahn, J.), entered April 22, 1997, which denied plaintiffs motion for summary judgment, and, upon a search of the record, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS Court that the Temporary Insurance Receipt at issue was unambiguous, and that since the three preconditions set forth therein were not satisfied, temporary coverage under the receipt was properly denied (see, Taft v Equitable Life Assur. Socy., 173 AD2d 267). Concur — Milonas, J. P., Wallach, Rubin, Mazzarelli and Saxe, JJ.

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—Order, Supreme Court, New York County (Herman Cahn, J.), entered April 22, 1997, which denied plaintiffs motion for summary judgment, and, upon a search of the record, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS Court that the Temporary Insurance Receipt at issue was unambiguous, and that since the three preconditions set forth therein were not satisfied, temporary coverage under the receipt was properly denied (see, Taft v Equitable Life Assur. Socy., 173 AD2d 267). Concur — Milonas, J. P., Wallach, Rubin, Mazzarelli and Saxe, JJ.

Spina v. Phoenix Home Life Mutual Insurance, 250 A.D.2d 425, 671 N.Y.S.2d 658, 1998 N.Y. App. Div. LEXIS 5410 (N.Y. Ct. App. 1998).

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Opinion

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