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FEDERAL INSURANCE COMPANY v. 1030 FIFTH AVENUE CORPORATION

262 A.D.2d 142 (1999)

691 N.Y.S.2d 498

FEDERAL INSURANCE COMPANY, Appellant, v. 1030 FIFTH AVENUE CORPORATION, Respondent.

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

Decided June 15, 1999.

Exclusionary provisions in a contract of insurance are to be strictly and narrowly construed (see, Home Ins. Co. v Spectrum Information Technologies, 930 F.Supp. 825), and in this case, the insurer failed to meet its burden of demonstrating that the policy's "prior or pending litigation exclusion" clearly and unmistakably applied to defendant insured's claims (see, Village of Sylvan Beach v Travelers Indem. Co., ...

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