White Plains City School District Board of Education v. Merchants Mutual Insurance
Opinion of the Court
The plaintiff commenced the instant action against numer
However, on reargument, the Supreme Court agreed with the defendants that the exclusionary clauses of the insurance policies should not be construed in terms of the Workers’ Compensation Law. Moreover, the court indicated that even if the relevant language was construed in the context of Workers’ Compensation case law, the claimed injury would have to be the result of a distinctive feature of the kind of work performed by the claimant and others similarly employed, or an "occupational disease”, not an injury caused by the peculiar place in which the claimant happens to work (see, Matter of Paider v Park E. Movers, 19 NY2d 373). Accordingly, the court held that the meaning of the term "course of employment” as construed by the Workers’ Compensation Board was much narrower than its meaning in the exclusions. Thus, there was no conflict between the decision of the Workers’ Compensation Board and the language of the exclusions. The court vacated its previous order and granted summary judgment to both defendants, dismissing the complaint and all cross claims insofar as they are asserted against them.
The New York courts have specifically held that exclusionary clauses containing the exact or similar language to the language in the instant policies were plain and unambiguous. Therefore, the courts must give such clauses their plain and ordinary meaning (see, Commissioners of State Ins. Fund v Insurance Co., 80 ÑY2d 992; see also, Ramirez v United States
Case-law data current through December 31, 2025. Source: CourtListener bulk data.