Erie Ins. Exch. v. J.M. Pereira & Sons, Inc., 96 N.E.3d 205, 73 N.Y.S.3d 109, 31 N.Y.3d 938 (2018)

March 22, 2018 · New York Court for the Correction of Errors · No. 76 SSM 2

96 N.E.3d 205, 73 N.Y.S.3d 109, 31 N.Y.3d 938

ERIE INSURANCE EXCHANGE, Appellant,
v.
J.M. PEREIRA & SONS, INC., et al., Respondents.

No. 76 SSM 2

Court of Appeals of New York.

Decided March 22, 2018

Hurwitz & Fine, P.C., Buffalo (Dan D. Kohane of counsel), for appellant.

Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for J.M. Pereira & Sons, Inc., respondent.

Fox Rothschild LLP, New York City (Matthew J. Schenker of counsel), for RPC, Inc., respondent.

Ricardo Vega and another, respondents, precluded.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, with costs, and certified question answered in the affirmative. Plaintiff failed to establish, as a matter of law, that the "loss was unambiguously excluded from the coverage of [the] policy" ( Pioneer Tower Owners Assn. v. State Farm Fire & Cas. Co., 12 N.Y.3d 302, 307, 880 N.Y.S.2d 885, 908 N.E.2d 875 [2009] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.