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Hudson 500 LLC v. Tower Insurance Company of New York

November 20, 2008

HUDSON 500 LLC, PLAINTIFF,
v.
TOWER INSURANCE COMPANY OF NEW YORK, DEFENDANT.



The opinion of the court was delivered by: Marylin G. Diamond, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the printed Official Reports.

Motion sequence numbers 005 and 005 are consolidated herein for decision. This case involves a claim by plaintiff Hudson 500 LLC (Hudson) for insurance coverage under a policy issued by defendant Tower Insurance Company of New York (Tower) relating to what Hudson alleges was a partial collapse of its building, located at 500 Hudson Street in Manhattan (the building), on or about August 23, 2005.

In motion sequence number 004, Tower moves for summary judgment in its favor on the grounds that: 1) Hudson's alleged loss occurred prior to the period covered by the insurance policy in question, and 2) the building did not suffer a compensable "collapse" as that term is employed in the policy. In motion sequence number 005, Hudson moves for partial summary judgment on the issue of liability under the policy.

The Policy

The limits for damages to property under the policy are $700,000; the limits for loss of business income are $200,000.

The relevant policy provisions state as follows:

B. EXCLUSIONS

2. We will not pay for loss or damage caused by or resulting from any of the following

d. (1) Wear and tear

(2) Rust, corrosion, fungus, decay, deterioration,hidden or latent defect or any quality in property that causes it to damage or destroy itself;

(4) Settling, cracking, shrinking or expansion.

3. We will not pay for loss or damage caused by or resulting from any of the following, 3.a. through 3.c. But if an excluded cause of loss that is listed in 3.a. through 3.c. result in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.

c. Faulty, inadequate or defective:

(4) Maintenance; of part or all of any property on or off the described premises.

D. ADDITIONAL COVERAGE - COLLAPSE

1. We will pay for direct physical loss or damage to Covered Property, caused by collapse of a building or any part of a building insured under this Coverage Form, if the ...


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