Woods v. General Accident Insurance
Opinion of the Court
Appeal from a judgment (denominated order) of Supreme Court, Ontario County (Doran, J.), entered July 11, 2001, which denied defendants’ motion for summary judgment and granted in part plaintiffs cross motion for summary judgment.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Plaintiff purchased a 540-cubic-inch engine that he intended to install in a boat. He picked up the engine in Ohio, and the following day it was stolen from the back of his pickup truck, which was parked in a motel parking lot. Defendants disclaimed coverage for the loss under plaintiffs homeowner’s insurance policy, citing an exclusion in the policy for losses “caused by theft that occurs off the ‘residential premises’ of watercraft, including their furnishings, equipment and outboard engines or motors.” Plaintiff commenced this action seeking, inter alia, a declaration that the policy covered the loss.
Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint and granted in part plaintiffs cross motion for summary judgment, declaring that the loss is covered under the policy. Where an insurance policy is clear and unambiguous, it must be enforced as written (see, Venigalla v Penn Mut. Ins. Co., 130 AD2d 974, 975, lv dismissed 70 NY2d 747). Where, however, the policy is ambiguous, “all
Case-law data current through December 31, 2025. Source: CourtListener bulk data.