NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY v. NEW SOUTH INSURANCE COMPANY

9646, 656691/16.

173 A.D.3d 539 (2019)

103 N.Y.S.3d 76

2019 NY Slip Op 04879

New York City School Construction Authority, Appellant, v. New South Insurance Company, Respondent.

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

Decided June 18, 2019.


The language regarding New South's coverage of SCA under the New South policy is straightforward and unambiguous. Since the accident occurred while the subject vehicle was parked, and not "while driving," SCA is not a covered "Insured" under the New South policy. The Court of Appeals holding in Argentina v Emery World Wide Delivery Corp. (93 N.Y.2d 554, 558-560, 563 [1999]) does not compel a different result. In Argentina,

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