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MERO v. FOSTER

206 A.D.2d 947 (1994)

614 N.Y.S.2d 845

John Mero et al., Individually and as Parents and Natural Guardians of John Mero, Jr., an Infant, Appellants-Respondents, v. John C. Foster et al., Respondents, and Farm Family Insurance Companies, Respondent-Appellant

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

July 15, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly declared that Farm Family Insurance Companies (Farm Family) is obligated to defend and indemnify the Fosters with respect to the primary liability policy. Whenever an insurer wishes to exclude certain coverage from its policy obligations, it must do so in clear and unmistakable language (Seaboard Sur. Co. v Gillette Co.,

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