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TRUMBULL EQUITIES LLC v. MT. HAWLEY INSURANCE COMPANY

158095/12. Appeal No. 13180. Case No. 2020-03653.

191 A.D.3d 587 (2021)

138 N.Y.S.3d 874

2021 NY Slip Op 01154

Trumbull Equities LLC et al., Appellants, v. Mt. Hawley Insurance Company, Respondent.

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

Decided February 23, 2021.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Max W. Gershweir of counsel), for appellants.

Delahunt Law PLLC, Buffalo ( Timothy E. Delahunt of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.

Although CastlePoint refers to a "self-insured retention" in the Mt. Hawley policy, the relevant endorsement is expressly titled "Deductible Liability Insurance." Specifically, the endorsement states that Mt. Hawley's "obligation ... to pay damages" on its insured's behalf "applies only to the amount of damages in excess of any deductible." The endorsement allowed Mt. Hawley to "pay any part o[r] all of the deductible amount to...

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