MUMUNI v. EAGLE INS. CO.


247 A.D.2d 315 (1998)

668 N.Y.S.2d 464

Sahdathu Mumuni, Respondent, v. Eagle Insurance Company, Appellant, and Hartford Insurance Company et al., Respondents

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

February 24, 1998


The accident occurred on December 31, 1988 at 9:00 A.M. Defendant-respondent's policy with the insured expired as of 12:01 A.M. on December 31, 1988; defendant-appellant's policy with the insured was effective "from 12/31/88 midnight to 12/31/89 midnight". We agree with the IAS Court that the word "midnight" is ambiguous, and that the ambiguity should be construed against defendant-appellant so as to provide coverage as of the termination of defendant-respondent's policy...

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