ROVELLI v. ALLSTATE INSURANCE COMPANY


38 A.D.3d 241 (2007)

831 N.Y.S.2d 150

JAN ROVELLI et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided March 6, 2007.


The directed verdict was based on the court's misapprehension of the state of the law concerning an exclusion for flood damage in a homeowners' policy, and not, as defendant urges, on a failure of proof or an inability to overcome the best evidence rule. Furthermore, the court did not err, upon reconsideration of the directed verdict, in finding that the exclusion for flood coverage did not apply where a pipe had burst (see Ender v National Fire Ins. Co. of Hartford,<...

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