Majority
p. 244Union Labor Life Insurance Company, Respondent, v Fidelity and Deposit Company of Maryland, Appellant. [643 NYS2d 566]
Each term in the bond issued by the non-party surety, if not specifically defined in the bond, "should be given its plain, ordinary and proper meaning” (Dupack v Nationwide Leisure Corp., 73 AD2d 903 , 905). So viewed, the language of the National Union Fire Insurance of Pittsburgh bond excludes coverage of plaintiff’s loss because the loss was not on a note "executed” by a "customer” of plaintiff. Thus, that bond does not constitute "other insurance” within the meaning of defendant’s bond. Concur—Milonas, J. P., Rosenberger, Wallach, Ross and Tom, JJ.
Cases cited
- Dupack v. Nationwide Leisure Corp. 73 AD2d 903 at 905 p. 244