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LORETTO-UTICA PROPS. CORP. v. DOUGLAS CO.

226 A.D.2d 1058 (1996)

642 N.Y.S.2d 117

Loretto-Utica Properties Corporation, Appellant, v. Douglas Company, Appellant, and Commercial Union Insurance Company, Respondent

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

April 19, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of defendant Commercial Union Insurance Company (Commercial Union) for summary judgment dismissing the complaint and the cross claim of defendant The Douglas Company (Douglas) against it. The builder's risk insurance policy issued to plaintiff by Commercial Union excludes from coverage loss resulting from "[e]arthquake, volcanic action, mud flow, earth sinking...

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