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WESTCHESTER FIRE INSURANCE COMPANY v. MCI COMMUNICATIONS CORPORATION

3033, 117236/01.

74 A.D.3d 551 (2010)

902 N.Y.S.2d 350

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff, v. MCI COMMUNICATIONS CORPORATION, Appellant, and CNA INSURANCE COMPANY et al., Respondents, et al., Defendants. CHUBB INDEMNITY INSURANCE COMPANY et al., Third-Party Plaintiffs, v. MCI WORLDCOM NETWORK SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided June 15, 2010.

The court, in a well-reasoned decision, properly found endorsement 30 in the 1992-1995 policies at issue unambiguous in providing that MCI is liable for its own defense costs. Contrary to MCI's contention, the provision is not an exclusion (see Pav-Lak Indus., Inc. v Arch Ins. Co., 56 A.D.3d 287, 288 [2008]). Absent ambiguity, extrinsic evidence is inadmissible. Nor is there a need to resort to contra proferentem, which, in...

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