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

New York Court for the Correction of Errors2018-03-22No. No. 76 SSM 2
96 N.E.3d 20573 N.Y.S.3d 10931 N.Y.3d 938

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Opinion

majority opinion

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.