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NORTHFIELD INSURANCE COMPANY v. MIDTOWN RESTORATIONS LLC

160413/14, 3633, 3632.

149 A.D.3d 417 (2017)

2017 NY Slip Op 02607

50 N.Y.S.3d 369

NORTHFIELD INSURANCE COMPANY, Appellant, v. MIDTOWN RESTORATIONS LLC, Defendant, and FORTUNA PHEASANT CLOSE LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 4, 2017.

The record establishes that plaintiff is entitled to the declaration sought, where the underlying action seeks damages in connection with the insured's (Midtown) waterproofing work of Fortuna's premises. The subject insurance policy's Classification Limitation endorsement, as reflected in the Declarations page, limits the scope of coverage to four classifications, none of which encompass waterproofing, thereby precluding coverage...

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