DRK, LLC v. BURLINGTON INSURANCE COMPANY

3185, 114856/06, 3185A.

74 A.D.3d 693 (2010)

905 N.Y.S.2d 58

DRK, LLC, et al., Respondents, v. THE BURLINGTON INSURANCE COMPANY, Appellant.

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

Decided June 29, 2010.


The "Exclusion-Cross Liability" endorsement states that the subject insurance does not apply to any actual or alleged bodily injury to an employee of "any insured." This Court has held that such language unambiguously excludes coverage even where the injured party was an employee of another insured under the policy (see Tardy v Morgan Guar. Trust Co. of N.Y., 213 A.D.2d 296 [1995]; Consolidated Edison Co. of N.Y. v United...

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