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TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. SEGUNDO DIAZ, JR., et al., Respondents, et al., Defendants.

We agree with the motion court that the property on which occurred the accident that gave rise to the underlying action is an "[i]nsured location" within the meaning of the subject policy, which defines that term as, inter alia, "[v]acant land, other than farm land, owned by or rented to an `insured,'" and "[l]and owned by or rented to an `insured' on which a one or two family dwelling is being built as a residence for an `insured'" ( see White v Continental Cas. Co., 9 NY3d 264, 267). We also agree that the word "built" encompasses the work being done here, i.e., the addition of a second floor to the building located on the property. In any event, to the extent that that term is ambiguous, the ambiguity must be resolved in defendants' favor ( id.).

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TOWER INS. v. DIAZ
(Jan 15, 2009)