WESTCHESTER v. MCI COMMUNICATIONS

The court, in a well-reasoned decision, properly found endorsement 30 in the 1992-1995 policies at issue unambiguous in providing that MCI is liable for its own defense costs. Contrary to MCI's contention, the provision is not an exclusion ( see Pav-Lak Indus., Inc. v Arch Ins. Co., 56 AD3d 287, 288). Absent ambiguity, extrinsic evidence is inadmissible. Nor is there a need to resort to contra proferentem, which, in any event, would be inapplicable to this sophisticated policyholder ( see Cummins, Inc. v Atlantic Mut. Ins. Co., 56 AD3d 288, 290).

We have considered MCI's other contentions and find them unavailing.

[Prior Case History: 2009 NY Slip Op 32438(U).]