CESTARO v. FIRE AND CASUALTY INSURANCE COMPANY OF CONNECTICUT


30 A.D.3d 263 (2006)

818 N.Y.S.2d 21

CHARLES CESTARO, Trading as CLUB VELVET LOUNGE, INC., Appellant, v. FIRE AND CASUALTY INSURANCE COMPANY OF CONNECTICUT, Respondent.

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

June 20, 2006.


Plaintiff's claim for damages sustained as a result of thefts at his premises on December 8 and 10, 2001, is precluded by the insurance policy issued by defendant. Paragraph B (2) (h) of the policy's causes of loss form clearly and unambiguously excludes from coverage any loss or damage resulting from a dishonest or criminal act by the insured or its employees. The only inference to be drawn from the evidence presented is that the thefts were orchestrated and facilitated...

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