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MATTER OF MIDLAND INS. CO.

170 A.D.2d 243 (1991)

In the Matter of the Liquidation of Midland Insurance Company. James P. Corcoran, as Superintendent of Insurance of the State of New York, as Liquidator, Respondent, v. Dairyland Insurance Company, Appellant

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

February 14, 1991

The defendant insurer may not disclaim coverage, since the exclusion for "demolition * * * of any building or structure" does not apply to "gut" renovation of the interior of a building which leaves the shell intact. The plain meaning of this exclusion would apply only where there was a complete tearing down, razing, or destruction of the entire building.

Defendant's untimely disclaimer of coverage, because of the insured...

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