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KISS CONSTRUCTION NY, INC. v. RUTGERS CASUALTY INSURANCE COMPANY

61 A.D.3d 412 (2009)

877 N.Y.S.2d 253

KISS CONSTRUCTION NY, INC., Respondent, v. RUTGERS CASUALTY INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided April 2, 2009.

In its application for commercial general liability insurance with Rutgers, plaintiff listed the nature of its business as "PAINTING—100%—100% INTERIOR." The Declaration page of the policy described plaintiff's business as a painting contractor, and the extension of declarations included the further description "PAINTING INTERIOR BUILDINGS—NO TANKS." Plaintiff further acknowledged that by accepting the policy, it agreed that the statements in the declarations...

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