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's water loss exclusion unambiguously barred coverage for the flood damage caused by a burst water main, and that the sudden and accidental exception is an ensuing‑loss provision that does not revive coverage for the excluded loss. Accordingly, the plaintiffs' summary‑judgment motion was denied and Allstate's cross‑motion granted. Justice Pigott filed a concurring opinion agreeing with the result but disagreeing with the majority's characterization of the loss as falling within item 4.