STATE INSURANCE FUND v. UTICA FIRST INSURANCE CO.


25 A.D.3d 388 (2006)

807 N.Y.S.2d 351

STATE INSURANCE FUND, Appellant, v. UTICA FIRST INSURANCE CO., Respondent.

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

January 10, 2006.


Although defendant's initial disclaimer notice erroneously indicated that the insurance policy was not in effect at the time of the accident, it also clearly advised that the denial of coverage was additionally premised on the policy's employee exclusion, which provided that the company would not pay for bodily injury to an employee of an insured if the injury was sustained in the course of employment. Accordingly, the disclaimer was not ambiguous and was properly applied...

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