EL-AD 250 WEST LLC v. ZURICH AMERICAN INSURANCE COMPANY

2867, 652964/13.

146 A.D.3d 677 (2017)

2017 NY Slip Op 00544

45 N.Y.S.3d 456

EL-AD 250 WEST LLC, Respondent, v. ZURICH AMERICAN INSURANCE COMPANY, Appellant.

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

Decided January 26, 2017.


Ambiguity in the policy, coupled with extrinsic evidence tending to favor plaintiff's position, precludes a summary declaration that plaintiff is not entitled to recover for delay in completion damages (see Stainless, Inc. v Employers Fire Ins. Co., 69 A.D.2d 27, 32 [1st Dept 1979], affd 49 N.Y.2d 924 [1980]). The "Delay in Completion Coverage Schedule" states, "There shall be no Additional...

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