WESTPOINT INTERNATIONAL, INC. v. AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY

2413, 116832/07

71 A.D.3d 561 (2010)

899 N.Y.S.2d 8

WESTPOINT INTERNATIONAL, INC., et al., Respondents, v. AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY, Appellant.

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

Decided March 23, 2010.


Although the underlying complaint contains some causes of action that are arguably subject to the insurance policy's "contract liability" exclusion, it alleges, in addition to a single cause of action for breach of contract, several causes of action sounding in tort and alleging statutory violations. Thus, defendant failed to demonstrate that the allegations cast the underlying complaint wholly within the exclusion, that no other reasonable interpretation of the exclusion...

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