POLICY EXCLUDED “LOADING AND UNLOADING”
After its request to have its insurer deemed obligated to defend its interests in a personal injury case was denied by the New York County Supreme Court, RGNY appealed.
On its review of the dispute, the Appellate Division, First Department, noted that the policy in question had an exclusion for any injury which was attributable to the “loading and unloading" of property from a vehicle.
Since the plaintiff was harmed while an iron beam was being removed from a flatbed truck, the AD1 agreed that the policy’s exclusion applied and there was no obligation for the insurer to defend.
How’s that for ironclad?
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DECISION