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TYROLER v. CONT'L CAS. CO.

55 Misc.2d 212 (1967)

Regine H. Tyroler, Appellant, v. Continental Casualty Company, Respondent.

Supreme Court, Appellate Term, First Department.

November 2, 1967

Attorney(s) appearing for the Case

Baer, Marks, Friedman & Berliner (Donald Marks of counsel), for appellant. McCormick, Dunne & Foley (John B. Foley of counsel), for respondent.

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

Per Curiam.

The insurance policy being unambiguous, it should be construed according to the plain and ordinary meaning of its terms (Houlihan v. Preferred Acc. Ins. Co., 196 N.Y. 337; McGrail v. Equitable Life Assur. Soc., 292 N.Y. 419; Lachs v. Fidelity & Cas. Co. of N. Y. 306 N.Y. 357). The issue was one of law and it was error to submit it to the jury. Defendant by its contract agreed to pay all reasonable...

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