Willets Point Contracting Corp. v. Hartford Insurance Group

New York Court of Appeals

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

New York Court of Appeals·Decided May 7, 1981·Published·Cited by 8 cases

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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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.

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).

Pincite

423 N.E.2d 42 (Willets Point Contracting Corp. v. Hartford Insurance Group) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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