DEAN v. TOWER INSURANCE COMPANY OF NEW YORK

5009, 600989/07.

84 A.D.3d 499 (2011)

922 N.Y.S.2d 371

DOUGLAS DEAN et al., Appellants, v. TOWER INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided May 10, 2011.


Defendant failed to satisfy its prima facie burden on its motion for summary judgment. Because the "residence premises" insurance policy fails to define what qualifies as "resides" for the purposes of attaching coverage, the policy is ambiguous in the circumstances of this case, where the plaintiff insureds purchased the policy in advance of closing but were then unable to fulfill their intention of establishing residency at the subject premises due to their discovery and...

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