25-01 Newkirk Ave., LLC v. Everest Natl. Ins. Co.

Summary

The Appellate Division, Second Department, affirmed a judgment declaring that Everest National Insurance Company was not obligated to defend or indemnify 25-01 Newkirk Avenue, LLC in an underlying lead-exposure personal injury action. The court held that the policy's absolute lead exclusion unambiguously applied to the alleged injuries and that the defendants established the exclusion's applicability. The plaintiff failed to raise a triable issue regarding the exclusion's addition to the policy or its application.

Holdings

1. The defendants established their prima facie entitlement to summary judgment declaring that the absolute lead exclusion was properly included in the policy, and the plaintiff failed to raise a triable issue of fact on that point.
2. The absolute lead exclusion unambiguously excluded coverage for the underlying action because the claimed bodily injury arose from exposure to lead.
3. The defendants were not obligated to defend or indemnify the plaintiff in the underlying action because the absolute lead exclusion eliminated coverage for the asserted claim.

Questions Presented

1. Whether the absolute lead exclusion was properly added to the insurance policy.
2. Whether the absolute lead exclusion unambiguously applied to the underlying personal injury action involving alleged lead exposure.
3. Whether the defendants were obligated to defend or indemnify the plaintiff in the underlying action.

Disposition

affirmed