EDELMAN v. CHUBB INDEMNITY INSURANCE COMPANY


41 A.D.3d 327 (2007)

837 N.Y.S.2d 567

ASHER B. EDELMAN, Appellant, v. CHUBB INDEMNITY INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant. PHILLIPS DE PURY & LUXEMBOURG, Third-Party Defendant-Respondent.

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

Decided June 26, 2007.


This action involves insurance under a consignment agreement. The court construed the plain and ordinary meaning of the unambiguous terms and conditions of the agreement (see United States Fid. & Guar. Co. v Annunziata, 67 N.Y.2d 229, 232 [1986]), and properly determined that third-party defendant's insurance policy from Underwriters at Lloyd's, covering property of customers while in the company's care, custody or

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