ERNST & YOUNG LLP v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA


304 A.D.2d 410 (2003)

758 N.Y.S.2d 304

ERNST & YOUNG LLP, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Respondent.

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

Decided April 15, 2003.


The motion court properly determined that defendant's disclaimer of plaintiff's claim for fees, costs and lost interest occasioned by plaintiff's employee's theft of client funds was appropriate under the subject fidelity bond. Endorsement 9 to the governing policies unambiguously limits the coverage afforded to indemnification for loss of client property, as defined by the endorsement, sustained as a "direct result" of employee dishonesty. Plaintiff's suggested interpretation...

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