Holding that "[r]easonable minds can disagree" as to whether an "absolute pollution exclusion" bars coverage for injuries resulting from exposure to paint or solvent fumes
Recognizing that where condition included in one provision is omitted from another, it “must be assumed to have been intentional under accepted canons of contract construction”
Concluding that "both plaintiff's and defendant's readings of the clauses are reasonable" and therefore interpreting an earth movement exclusion narrowly
Affirming an insurance award of over $100,000 when the policy ambiguously provided both a $100,000 per person limit and a $300,000 limit when two or more persons were injured
25 A.D.3d 654 (N.Y. App. Div. 2006) Cited 12 times
Examining a similar clause and finding that the pipe in question "was not below the surface of the ground" where it entered the "house through the foundation wall and ran through artificially created gravel material that filled the area above the ground"