[Download] "Michael Zappone Et Al. v. Home Insurance Company" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Michael Zappone Et Al. v. Home Insurance Company
- Author : Court of Appeals of New York
- Release Date : January 18, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The principle, declared in Schiff Assoc. v Flack (51 N.Y.2d 692), that the failure to disclaim coverage does not create coverage which the policy was not written to provide, applies to liability policies as well as professional indemnity insurance, notwithstanding the provisions of subdivision 8 of section 167 of the Insurance Law. The words "deny coverage" in that subdivision refer to denial of liability predicated upon an exclusion set forth in a policy which, without the exclusion, would provide coverage for the liability in question. It does not encompass denial that the policy as written could not have covered the liability in question under any circumstances. The order of the Appellate Division should, therefore, be affirmed, with costs.
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