Novak v. All City Insurance
Cases that cite this one
3 later published cases cite this decision.
- New York Casualty Insurance v. Halley Electric Co. (Appellate Division of the Supreme Court of New York 1989)
- Pennsylvania General Insurance v. Kielon (Appellate Division of the Supreme Court of New York 1985)
- Metpath, Inc. v. Birmingham Fire Insurance (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The indorsement attached to the comprehensive liability insurance policy and issued simultaneously with that policy by the respondent insurance company excludes insurance coverage for "Bodily Injury * * * arising out of (1) the named insured’s products”. The policy defines "named insured’s products” as "goods or products manufactured, sold, handled or distributed by the named insured”. So broad and clear a definition must be deemed to include food served to patron’s of the restaurant and adequately advised the insured as to the exclusion. Since we find the exclusionary clause unambiguous, it "must be given [its] plain and ordinary meaning” (Government Employees Ins. Co. v Kligler, 42 NY2d 863, 864), excluding coverage for the claims set forth against the insured and for the judgment entered as a result thereof.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.