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THE TRUSTEES OF PRINCETON UNIVERSITY v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA.

52 A.D.3d 247 (2008)

859 N.Y.S.2d 174

THE TRUSTEES OF PRINCETON UNIVERSITY, Respondent, v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA., Appellant, et al., Defendant.

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

Decided June 5, 2008.

We reject National Union's contention that the subject insurance policy's $5 million sublimit for claims that seek equitable relief applies also to claims arising from the same underlying occurrence that seek legal relief based on tort and contract law principles, as it relies on a strained construction of the terms of the policy (see Seaboard Sur. Co. v Gillette Co., 64 N.Y.2d 304, 311 [1984]; 242-44 E. 77th St., LLC v Greater...

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