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CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO POLICY NO., PGIARK01449-05 v. ADVANCE TR. CO., INC.

150656/19. Appeal No. 12389. Case No. 2020-02560.

188 A.D.3d 523 (2020)

132 N.Y.S.3d 621

2020 NY Slip Op 06705

Certain Underwriters at Lloyd's London Subscribing to Policy No. PGIARK01449-05, Respondent, v. Advance Transit Co., Inc., Appellant, et al., Defendants.

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

Decided November 17, 2020.

The grant of summary judgment in favor of plaintiff insurer and treatment of defendant's motion to dismiss as a motion for summary judgment pursuant to CPLR 3211(c) was correct as a matter of law (Wiesen v New York Univ., 304 A.D.2d 459, 460 [1st Dept 2003]).

Based upon the plain and ordinary meaning of the term "however" within Insurance Law § 3420(a)(5), a claims-made policy...

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