Home/New York Court of Appeals/Willets Point Contracting Corp. v. Hartford Insurance Group

Willets Point Contracting Corp. v. Hartford Insurance Group

423 N.E.2d 42, 53 N.Y.2d 879, 440 N.Y.S.2d 619, 1981 N.Y. LEXIS 2456
CourtNew York Court of Appeals
DecidedMay 7, 1981
StatusPublished
Cited by8 cases

This text of 423 N.E.2d 42 (Willets Point Contracting Corp. v. Hartford Insurance Group) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willets Point Contracting Corp. v. Hartford Insurance Group, 423 N.E.2d 42, 53 N.Y.2d 879, 440 N.Y.S.2d 619, 1981 N.Y. LEXIS 2456 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum:.

The order of the Appellate Division should be affirmed, with costs.

While the comprehensive general liability policy’s broad definition of property damage provides coverage for loss of use of tangible personal property without physical damage thereto, exclusion “(m)” explicitly disclaims coverage where the injury results from a breach of contract, as in this case. As to the umbrella policy, its narrower definition of property damage does not encompass the nonphysical injury suffered by the plaintiff. Thus even though the alleged “ultimate net loss” was in excess of this policy’s $10,000 “retained limit”, the insurer’s obligation to indemnify was not triggered.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
423 N.E.2d 42, 53 N.Y.2d 879, 440 N.Y.S.2d 619, 1981 N.Y. LEXIS 2456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willets-point-contracting-corp-v-hartford-insurance-group-ny-1981.