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SLOAN STEEL ERECTORS EQUIP. v. ILL. UNION

Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 2, 1990

Judgment unanimously affirmed with costs. Memorandum: Supreme Court correctly concluded that a 12-foot-by-31-foot barge is a "watercraft" and that the general contractor's claim for damages against plaintiff arose out of plaintiff's use of a watercraft. Consequently, the allegations of the complaint fall squarely within a policy exclusion and the insurer has no duty to defend or indemnify plaintiff (see, Technicon Elecs. Corp. v American Home Assur. Co., 74 N.Y.2d 66, rearg denied 74 N.Y.2d 893).