BREED v. INS. CO. OF N. AMER.


46 N.Y.2d 351 (1978)

Henry E. Breed et al., Respondents, v. Insurance Company of North America, Appellant.

Court of Appeals of the State of New York.

Decided December 27, 1978.


Attorney(s) appearing for the Case

John R. Casey for appellant.

F. Richard Decatur, Jr., for respondents.

Judges GABRIELLI, JONES and FUCHSBERG concur with Judge COOKE; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.


COOKE, J.

The basic issue here is whether an insurance policy, which excludes from its coverage theft "of property * * * by any tenant of the described premises", is clear and unambiguous.

Defendant insurer, through an agent related to plaintiffs, issued to the latter a homeowners policy for a continuous period commencing October 11, 1972. It contained section one relating to "Dwelling and Personal Property...

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