NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. RED APPLE GROUP, INC.


281 A.D.2d 296 (2001)

722 N.Y.S.2d 495

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent, v. RED APPLE GROUP, INC., et al., Appellants, et al., Defendant.

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

Decided March 22, 2001.


Plaintiff retroactively insured commercial real estate leased by defendants which, during the period of retroactive coverage, was damaged in a hurricane. The retroactive coverage was, accordingly, issued only upon defendants' execution of an indemnity provision pursuant to which defendants agreed to indemnify plaintiff for all claims arising out of loss at the leased location during the period of such coverage. A claim for loss attributable to the damage caused by the hurricane...

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