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RECTOR ST. FOOD ENTERPRISES, LTD. v. FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT

35 A.D.3d 177 (2006)

827 N.Y.S.2d 18

RECTOR ST. FOOD ENTERPRISES, LTD., Appellant, et al., Plaintiff, v. FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT, Respondent, et al., Defendants.

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

Decided December 7, 2006.

The subject policy specifically defined its additional coverage for collapse with respect to buildings as meaning "an abrupt falling down or caving in" and provided that "[a] building that is standing is not considered to be in a state of collapse even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion."

Here, the trial evidence demonstrated that plaintiff insured's building...

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