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FRUIT, INC. v. HARTFORD INS.

25011/05.

28 Misc.3d 1128 (2010)

905 N.Y.S.2d 864

FRUIT AND VEGETABLE SUPREME, INC., Plaintiff, v. THE HARTFORD STEAM BOILER INSPECTION & INSURANCE CO. et al., Defendants.

Supreme Court, Kings County.

Decided July 7, 2010.

Attorney(s) appearing for the Case

Ansa Assuncao, LLP, White Plains, for The Hartford Steam Boiler Inspection & Insurance Co., defendant.

Traub, Lieberman, Straus & Shrewsberry, LLP, Hawthorne, for Morstan General Agency, Inc., defendant.

Subin Associates, LLP, New York City, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

Has the defendant insurer satisfied its burden of proof that a policy exception applied to the damages sustained by plaintiff due to a blackout? This court holds that the defendant has met its burden of proof as to the damages sustained after the inception of the blackout, however as to any damages sustained prior to the blackout, summary judgment is denied.

Defendant The Hartford Steam Boiler Inspection &...

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