LOPEZ v. INSURANCE COMPANY OF NORTH AMERICA


289 A.D.2d 205 (2001)

734 N.Y.S.2d 849

RALPH LOPEZ et al., Appellants, v. INSURANCE COMPANY OF NORTH AMERICA et al., Respondents.

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

Decided December 3, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment declaring that the insurance policy at issue does not provide coverage for the plaintiffs' loss.

On their motion for summary judgment, the defendants established, prima facie, that the leak in the oil tank feed line was the result of corrosion and was not caused by a sudden and accidental event. In opposition...

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