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BENTORIA INC. v. TRAVELERS

No. 160.

20 N.Y.3d 65 (2012)

980 N.E.2d 504

956 N.Y.S.2d 456

2012 NY Slip Op 7141

BENTORIA HOLDINGS, INC., Respondent, v. TRAVELERS INDEMNITY COMPANY, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided October 25, 2012.

Attorney(s) appearing for the Case

Lazare Potter & Giacovas LLP, New York City ( Stephen M. Lazare and Yale Glazer of counsel), for appellant.

John V. Decolater , Garden City, and Lerner Arnold & Winston, LLP ( Jonathan J. Lerner of counsel), for respondent.

Robinson & Cole LLP, New York City ( Gerald P. Dwyer, Jr. , and Wystan M. Ackerman of counsel), for American Insurance Association and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

In Pioneer Tower Owners Assn. v State Farm Fire & Cas. Co. (12 N.Y.3d 302 [2009]), we held that an "earth movement" exclusion in an insurance policy did not unambiguously apply to excavation. We now confront a policy in which a similar exclusion is expressly made applicable to "man made" movement of earth. We hold that this added language eliminates the ambiguity, and that loss...

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