Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Issue: Under New York law, in order to establish a lack of coverage, what is an insurer’s burden?
| Area of Law: | Insurance Law |
| Keywords: | Lack of coverage; Insurer's burden |
| Jurisdiction: | New York |
| Cited Cases: | 46 N.Y.2d 351; 385 N.E.2d 1280; 230 N.Y.S.2d 13; 183 N.E.2d 899 |
| Cited Statutes: | None |
| Date: | 02/01/2001 |
In order to prove that an insured’s loss is excluded from coverage under the policy, an insurer must show that its construction of the exclusionary clauses is the only reasonable one, that the exclusions are stated in clear and unmistakable language, and that the clauses apply in this case. Sincoff v. Liberty Mut. Fire Ins. Co., 11 N.Y.2d 386, 390-91, 183 N.E.2d 899, 230 N.Y.S.2d 13, 15-16 (1962); Breed v. Insurance Co. of N. America, 46 N.Y.2d 351, 353-54, 385 N.E.2d 1280, 413 N.Y.S.2d. 352, 354-55 (1978).
[…]