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Willets Point Contracting Corp. v. Hartford Insurance Group

53 N.Y.2d 879 Court N.Y. Decision date 1981-05-07 English

Contents

Majority

p. 879
Willets Point Contracting Corporation, Appellant, v Hartford Insurance Group et al., Respondents.
Argued March 27, 1981;
decided May 7, 1981
p. 880
APPEARANCES OF COUNSEL
Harvey Weinig and Stephen A. Ressa for appellant.
James M. O’Brien and Michael F. Sheehan for Hartford Insurance Group, respondent.
p. 881
Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for Nassau County, respondent.

OPINION OF THE COURT

Memorandum:.

The order of the Appellate Division should be affirmed, with costs.

While the comprehensive general liability policy’s broad definition of property damage provides coverage for loss of use of tangible personal property without physical damage thereto, exclusion “(m)” explicitly disclaims coverage where the injury results from a breach of contract, as in this case. As to the umbrella policy, its narrower definition of property damage does not encompass the nonphysical injury suffered by the plaintiff. Thus even though the alleged “ultimate net loss” was in excess of this policy’s $10,000 “retained limit”, the insurer’s obligation to indemnify was not triggered.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.