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Union Labor Life Insurance Company, Respondent, v. Fidelity and Deposit Company of Maryland, Appellant

New York Supreme Court, Appellate Division1996-06-11
228 A.D.2d 244643 N.Y.S.2d 566

Authorities cited

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Opinion

majority opinion

Each term in the bond issued by the non-party surety, if not specifically defined in the bond, should be given its plain, ordinary and proper meaning” (Dupack v Nationwide Leisure Corp., 73 AD2d 903, 905). So viewed, the language of the National Union Fire Insurance of Pittsburgh bond excludes coverage of plaintiff’s loss because the loss was not on a note executed” by a customer” of plaintiff. Thus, that bond does not constitute other insurance” within the meaning of defendant’s bond. Concur—Milonas, J. P., Rosenberger, Wallach, Ross and Tom, JJ.