TARDY v. MORGAN GUAR. TRUST CO. OF NEW YORK


213 A.D.2d 296 (1995)

624 N.Y.S.2d 34

Charles Tardy, Plaintiff, v. Morgan Guaranty Trust Co. of New York, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. United Coastal Insurance Company, Third-Party Defendant-Respondent, et al., Third-Party Defendants

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

March 23, 1995


We agree with the IAS Court that the policy in question, which excludes coverage for "bodily injury to any employee of any named insured," unambiguously applies to bar coverage to an additional insured, such as appellants, against a claim by the primary insured's employee. As the provisions are clear and unambiguous, we must give them their plain and ordinary meaning, and refrain from rewriting the agreement (see, United States Fid. & Guar. Co. v Annunziata...

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