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GENERAL SECURITY PROPERTY & CASUALTY COMPANY v. AMERICAN FLEET MANAGEMENT, INC.

37 A.D.3d 345 (2007)

830 N.Y.S.2d 136

GENERAL SECURITY PROPERTY & CASUALTY COMPANY et al., Appellants, v. AMERICAN FLEET MANAGEMENT, INC., et al., Respondents, et al., Defendants.

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

Decided February 22, 2007.

Under the clear and unambiguous provisions of the insurance policies and the deductible agreement between plaintiffs and defendant American Fleet Management, the franchisees are not liable for the outstanding deductibles paid by plaintiffs, and any ambiguities in the written agreements should be construed to favor the insured franchisees and against plaintiffs, which drafted the agreements (see United States Fid. & Guar. Co. v Annunziata, 67 N...

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