RAPP B. PROPERTIES, LLC v. RLI INSURANCE COMPANY


65 A.D.3d 923 (2009)

885 N.Y.S.2d 283

RAPP B. PROPERTIES, LLC, Respondent-Appellant, v. RLI INSURANCE COMPANY et al., Appellants-Respondents.

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

Decided September 15, 2009.


Plaintiff seeks indemnification under the insurers' policies for damage to its building's south wall as a result of collapse, an allegedly covered peril, which occurred "[o]n or about July 19, 2005 and continuing thereafter." The complaint cites damage consisting of "severe cracking, bulging, splaying and displacement of the exterior brick facade." The insurers disclaimed coverage on the ground that the damage was "due to wear & tear and gradual deterioration not collapse...

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