SIRIUS XM RADIO INC. v. XL SPECIALITY INS. CO.

12623, 650831/13.

117 A.D.3d 652 (2014)

987 N.Y.S.2d 324

2014 NY Slip Op 3935

SIRIUS XM RADIO INC., Respondent, v. XL SPECIALITY INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided May 29, 2014.


Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered November 8, 2013, which, inter alia, denied the motion of defendant XL Specialty Insurance Company (XL) to dismiss plaintiff insured's claim for breach of contract, unanimously affirmed, without costs.

Prior Case History: 2013 NY Slip Op 32872(U)

Although the "interpretation and application of unambiguous language in policies of insurance is a legal issue for the court" (Thomson v Power...

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