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Court for the Trial of Impeachments and Correction of Errors, 2018

Erie Ins. Exch. v. J.M. Pereira & Sons, Inc.

Erie Ins. Exch. v. J.M. Pereira & Sons, Inc.
Court for the Trial of Impeachments and Correction of Errors · Decided March 22, 2018
96 N.E.3d 205; 73 N.Y.S.3d 109; 31 N.Y.3d 938 (North Eastern Reporter, Third Series)

Counsel

Hurwitz & Fine, P.C., Buffalo (Dan D. Kohane of counsel), for appellant., Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for J.M. Pereira & Sons, Inc., respondent., Fox Rothschild LLP, New York City (Matthew J. Schenker of counsel), for RPC, Inc., respondent.

Erie Ins. Exch. v. J.M. Pereira & Sons, Inc.

Opinion of the Court

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, with costs, and certified question answered in the affirmative. Plaintiff failed to establish, as a matter of law, that the "loss was unambiguously excluded from the coverage of [the] policy" ( Pioneer Tower Owners Assn. v. State Farm Fire & Cas. Co., 12 N.Y.3d 302, 307, 880 N.Y.S.2d 885, 908 N.E.2d 875 [2009] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.