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US FIRE INS v. MAR & GEN INS

268 A.D.2d 19 (2000)

706 N.Y.S.2d 377

UNITED STATES FIRE INSURANCE COMPANY et al., Appellants, v. NEW YORK MARINE AND GENERAL INSURANCE COMPANY, Respondent.

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

March 21, 2000.

Attorney(s) appearing for the Case

Sheila L. Birnbaum of counsel (Mary Ann Le Fort and Hayden A. Coleman on the brief; Skadden, Arps, Slate, Meagher & Flom, L. L. P., attorneys), for appellants.

David H. Fromm of counsel (Morgan Heyer on the brief; Brown Gavalas & Fromm, L. L. P., attorneys), for respondent.

ROSENBERGER, J. P., TOM, MAZZARELLI and LERNER, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This action arises from an accident in which a passenger car struck a Nassau County Bridge Authority (NCBA) pickup truck that was left on the roadway of the bridge. The question presented is whether NCBA's general liability insurance carrier may deny coverage based upon an automobile exclusion clause in its policy where the underlying complaint asserts, inter alia, negligence in the operation of the bridge, as opposed...

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