TOWER INSURANCE COMPANY OF NEW YORK v. DIAZ


58 A.D.3d 495 (2009)

871 N.Y.S.2d 123

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. SEGUNDO DIAZ, JR., et al., Respondents, et al., Defendants.

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

January 15, 2009.


We agree with the motion court that the property on which occurred the accident that gave rise to the underlying action is an "[i]nsured location" within the meaning of the subject policy, which defines that term as, inter alia, "[v]acant land, other than farm land, owned by or rented to an `insured,'" and "[l]and owned by or rented to an `insured' on which a one or two family dwelling is being built as a residence for an `insured'" (see White v Continental Cas. Co.,<...

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