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WEISSBLUM v. GLENS FALLS INS. CO.

40 Misc.2d 964 (1963)

Nathan Weissblum, Individually and Doing Business as Amco Painting & Decorating Co., Respondent, v. Glens Falls Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

September 26, 1963

Attorney(s) appearing for the Case

Watters & Donovan (James B. Donovan and Thomas A. Harnett of counsel), for appellant. Samuel Weisman for respondent.

Concur — GOLD, J. P., HOFSTADTER and CAPOZZOLI, JJ.

Per Curiam.

Defendant's obligation to pay for damages which the insured might become "legally obligated to pay" was expressly made inapplicable to damages which the insured was obligated to pay by reason of a contractual assumption of liability (Exclusion [d]). This exclusion clause applies to the hazards defined in "Division i" of the "Definition of Hazards" which is the only division applicable to the instant case (by reason of the words "and all operations...

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