Federal Ins. Co. v E-Beam Servs., Inc.

[*1] Federal Ins. Co. v E-Beam Servs., Inc. 2010 NY Slip Op 52268(U) [30 Misc 3d 127(A)] Decided on December 30, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 30, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ
570736/10.

Federal Insurance Company, Plaintiff-Respondent,

against

E-Beam Services, Inc.,

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), dated July 8, 2010, which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment.

Per Curiam.

Order (Arthur F. Engoron, J.), dated July 8, 2010, affirmed, with $10 costs.

Where, as here, the provisions of an insurance policy are clear and unambiguous, the provisions must be given their plain and ordinary meaning, and courts should refrain from rewriting the agreement (see Government Empls. Ins. Co. v Kligler, 42 NY2d 863 [1977]). Since the reimbursement clause of the subject general liability insurance policy clearly and unambiguously required the defendant-insured to pay the deductibles here at issue, Civil Court properly granted plaintiff-insurer's motion for summary judgment on its complaint.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: December 30, 2010