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ABRAHAM NATURAL FOODS CORP. v. MOUNT VERNON FIRE INSURANCE COMPANY

2010-03456.

84 A.D.3d 1281 (2011)

924 N.Y.S.2d 171

ABRAHAM NATURAL FOODS CORP., Appellant, v. MOUNT VERNON FIRE INSURANCE COMPANY, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided May 31, 2011.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendant Mount Vernon Fire Insurance Company has no duty to defend or indemnify the plaintiff in the underlying action.

An insurer may disclaim coverage for a loss which occurred prior to the inception of an insurance policy and which was fully known to the insured...

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