VBH LUXURY, INCORPORATED v. 940 MADISON ASSOCIATES LLC

4801, 111342/07, 590589/09.

83 A.D.3d 515 (2011)

922 N.Y.S.2d 294

VBH LUXURY, INCORPORATED, Plaintiff, v. 940 MADISON ASSOCIATES LLC, Defendant/Third-Party Plaintiff-Appellant. EXCELSIOR INSURANCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided April 14, 2011.


The parties agree that by its terms the policy's contractual liability exclusion does not apply to "insured contracts," which include leases, and that, since the liability here arises from a lease, it is not subject to the contractual liability exclusion. Nor, contrary to Excelsior's contention, are third-party plaintiff's claims subject to exclusion from coverage as "insured versus insured" claims, since there is no express exclusion...

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