ANDREW MUNDO INC. v. LIBERTY MUTUAL GROUP


4 A.D.3d 307 (2004)

772 N.Y.S.2d 331

ANDREW MUNDO INC., Appellant, v. LIBERTY MUTUAL GROUP, Respondent.

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

February 26, 2004.


By its terms, the policy's care, custody or control exclusion applies to "[p]roperty damage to property owned or transported by the insured or in the insured's care, custody or control." Thus, any obligation defendant has to defend and indemnify plaintiff for property damage is limited to vehicles that were neither owned by plaintiff nor being transported by him or otherwise under his care, custody or control when damaged. Since the trailer in question, which is owned by...

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