KENNEL DELITES, INC. v. T.L.S. NYC REAL ESTATE, LLC


49 A.D.3d 302 (2008)

852 N.Y.S.2d 130

KENNEL DELITES, INC., Doing Business as AMERICAN KENNELS, Respondent, v. T.L.S. NYC REAL ESTATE, LLC, et al., Defendants, and ST. PAUL TRAVELERS INSURANCE COMPANY et al., Appellants.

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

Decided March 6, 2008.


Defendant Charter Oak Fire Insurance Company, initially identified incorrectly as St. Paul Travelers Insurance Company, issued a policy to plaintiff with a limitation of coverage, known as a rain exclusion, which barred recovery for interior property damage and business income losses "caused by," among other things, rain. This rain exclusion applies to the loss at issue, namely, water damage from a rainstorm. Although plaintiff...

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