CANFIELD v. PEERLESS INSURANCE COMPANY


262 A.D.2d 934 (1999)

692 N.Y.S.2d 562

MARY E. CANFIELD, Individually and as Parent and Natural Guardian of ELIZABETH CANFIELD, an Infant, Respondent, v. PEERLESS INSURANCE COMPANY, Appellant.

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

Decided June 18, 1999.


Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment. The court erred in determining that the language "residents of your household" in the homeowner's insurance policy was ambiguous and in construing that language against defendant...

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