RECOVERY HOME SERVICES v. METROPOLITAN LIFE INSURANCE COMPANY


284 A.D.2d 178 (2001)

726 N.Y.S.2d 253

RECOVERY HOME SERVICES et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Respondent.

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

Decided June 12, 2001.


We find that there is no ambiguity in the policy language that would warrant application of the contra-insurer rule (cf., Kyong Nam Chang v General Acc. Ins. Co., 193 A.D.2d 521, 522), and that reliable, albeit contested, evidence supports all of the trial court's essential factual conclusions (see, Daley v Related Cos., 236 A.D.2d 340, lv denied 90 N.Y.2d 803), to wit: that decedent...

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