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POTOFF v. CHUBB INDEMNITY INSURANCE COMPANY

60 A.D.3d 477 (2009)

874 N.Y.S.2d 124

REEVA POTOFF, Respondent, v. CHUBB INDEMNITY INSURANCE COMPANY, Appellant.

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

Decided March 12, 2009.

When interpreting an insurance clause, it is for the court to determine the parties' rights and obligations based on the specific language of the policy (see Newin Corp. v Hartford Acc. & Indem. Co., 62 N.Y.2d 916, 919 [1984]). In a named-peril policy such as the one at bar, the insured "bears the initial burden of showing that the insurance contract covers the loss," i.e., that the loss resulted from a covered peril (Roundabout...

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