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FLUSHING SAV. BANK v. HARTFORD FIRE INS. CO.

234 A.D.2d 108 (1996)

650 N.Y.S.2d 727

Flushing Savings Bank, Appellant, v. Hartford Fire Insurance Company, Respondent

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

December 12, 1996

The motion court's interpretation of the indemnity bond, that the loss due to the robbery of plaintiff's messenger was removed from the ambit of the bond's "in transit" coverage by the uncollected funds exclusion, "Exclusion (o)", was erroneous. The court's error resulted from its inaccurate abbreviation of "Exclusion (o)". These provisions read in relevant part as follows:

"The Underwriter * * * agrees to indemnify the insured for * * * "Loss of Property...

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