AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

DORIS NOVAK et al., Appellants, v. ALL CITY INSURANCE COMPANY, Respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The indorsement attached to the comprehensive liability insurance policy and issued simultaneously with that policy by the respondent insurance company excludes insurance coverage for "Bodily Injury * * * arising out of (1) the named insured's products". The policy defines "named insured's products" as "goods or products manufactured, sold, handled or distributed by the named insured". So broad and clear a definition must be deemed to include food served to patrons of the restaurant and adequately advised the insured as to the exclusion. Since we find the exclusionary clause unambiguous, it "must be given [its] plain and ordinary meaning" (Government Employees Ins. Co. v Kligler, 42 N.Y.2d 863, 864), excluding coverage for the claims set forth against the insured and for the judgment entered as a result thereof.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.

Use AI to get other relevant cases.

Comments

NOVAK v. ALL CITY INSURANCE COMPANY
(Feb 7, 1978)