NORTH AM. ELITE INS. CO. v. SPACE NEEDLE, LLC

Index No. 651519/21. Appeal No. 14663. Case No. 2021-01400.

200 A.D.3d 425 (2021)

159 N.Y.S.3d 396

2021 NY Slip Op 06769

North American Elite Insurance Company, Appellant, v. Space Needle, LLC, Respondent.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

DLA Piper LLP (US), New York ( Aidan M. McCormack of counsel), for appellant.

Foster Garvey P.C., New York ( Malcolm Seymour of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.


In 2019, Seattle based defendant Space Needle, LLC, operator of the Space Needle structure, procured an insurance contract from plaintiff Elite, a New Hampshire corporation authorized to sell insurance in the State of Washington. The insurance contract, which covers property damage to the Space Needle, as well as lost gross earnings and extra expense due to the interruption of business there, with a limit of liability of $160 million, provides, inter alia, that the laws of...

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