New York Court of Appeals
Florence Handelsman, Plaintiffs v. Sea Insurance Company, Ltd., Respondent, Defendants, and Ann…
October 20, 199485 N.Y.2d 96
Summary
The New York Court of Appeals held that the Sea Insurance policy issued to Robert Alberino covered Dorothy and Thomas Alberino for the automobile accident because the policy language was ambiguous and must be construed in favor of the insured, and because Sea failed to timely disclaimer it is obligated to defend and indemnify. The Court reversed the Appellate Division and denied Sea's summary judgment motion.