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BEBBER v. CNA INS. COS.

189 Misc.2d 42 (2001)

729 N.Y.S.2d 844

JAMES N. BEBBER, Plaintiff, v. CNA INSURANCE COMPANIES, Defendant.

Supreme Court, Erie County.

June 20, 2001.

Attorney(s) appearing for the Case

Saperston & Day, P. C. (Richard J. Cohen of counsel), for defendant.

Amigone, Sanchez, Mattrey & Marshall, L. L. P. (Arthur Baumeister of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH G. MAKOWSKI, J.

Plaintiff seeks recovery under his homeowner's insurance policy through the defendant insurer. The claim arose when his gunite inground swimming pool "lifted" out of the ground about two feet after it was drained in order to clean said pool. Defendant disclaimed coverage based upon a policy exclusion for property damage "caused by water damage, meaning * * * (3) Water...

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