Mumuni v. Eagle Insurance — 247 A.D.2d 315

Majority

p. 315

Sahdathu Mumuni, Respondent, v Eagle Insurance Company, Appellant, and Hartford Insurance Company et al., Respondents.

[668 NYS2d 464]

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered January 23, 1997, which, in an action to determine insurance coverage, insofar as appealed from, declared that defendant-appellant’s policy was in effect at the time of the accident, unanimously affirmed, without costs.

The accident occurred on December 31, 1988 at 9:00 a.m. Defendant-respondent’s policy with the insured expired as of 12:01 a.m. on December 31, 1988; defendant-appellant’s policy with the insured was effective “from 12/31/88 midnight to 12/ 31/89 midnight”. We agree with the IAS Court that the word “midnight” is ambiguous, and that the ambiguity should be construed against defendant-appellant so as to provide coverage as of the termination of defendant-respondent’s policy at 12:01 a.m. (see, Leatherby Ins. Co. v Villafana, 82 Misc 2d 144 ).

Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

Cases cited

Leatherby Insurance v. Villafana 82 Misc 2d 144 N.Y. Sup. Ct. 1975-04-14 p. 315