CHUBB NATIONAL INSURANCE COMPANY v. PLATINUM CUSTOMCRAFT CORP.


38 A.D.3d 244 (2007)

831 N.Y.S.2d 382

CHUBB NATIONAL INSURANCE COMPANY, as Subrogee of R. Thomas Patten and Another, Respondent, v. PLATINUM CUSTOMCRAFT CORP., Appellant, et al., Defendant.

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

Decided March 8, 2007.


Defendant argues that plaintiff has no right of subrogation because its policy provides that jewelry is not insured unless itemized, the ring was not itemized, and plaintiff therefore was not compelled to make payment but did so voluntarily. However, annexed to defendant's moving papers was not the policy itself, but only a "Coverage Summary Renewal," which, while broadly addressing coverage, specifically refers the reader to the...

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