Frederick J. Platek, Respondents v. Town of Hamburg, Defendants, and Allstate Indemnity Company…

Summary

The New York Court of Appeals held that the homeowners' insurance policy unambiguously excluded coverage for the water damage caused by a ruptured subsurface water main and that the sudden and accidental exception to the water loss exclusion did not apply. Accordingly, the Court reversed the Appellate Division and granted Allstate’s summary‑judgment motion. Judge Pigott filed a concurring opinion agreeing with the result but disagreeing with the majority’s characterization of the loss as falling within item 4 of the exclusion.