Document Type

Article

Publication Date

1-11-2002

Abstract

Plaintiff-appellant the Mount Vernon Fire Insurance Company ("Mount Vernon") appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Pauley, J.) dismissing its declaratory action against defendants-appellees Belize NY, Inc., Lydia Jimenez, Patrick Glynn, Sinead Glynn, United House of Prayer for all People of the Church on the Rock of the Apostolic Faith, Marjorie Lopez, Hubert Swaringer, Illya Brunner, Ivette Melendez, Jose Ramos, Oscar Marrero, Jr., Isardeen Chaitram, Alan Grossberg, Sharon Grossberg, Kemper National Insurance Companies a/s/o Won Duck Kim, Menstown Stores, Inc., Patricia Ramautar, and Jacques Douek. Mount Vernon sought the declaratory judgment following the commencement of 234*234 several direct and third-party actions in state court (the "state lawsuits") brought by various defendants-appellees against its insured, defendant-appellee Belize NY, Inc. ("Belize"). Mount Vernon alleges that it is not required to defend and indemnify Belize for liability arising out of the performance of work at a construction site. The state lawsuits are premised on various allegations of negligence.

Mount Vernon moved for summary judgment and defendants-appellees United House of Prayer for all People of the Church on the Rock of the Apostolic Faith and Hubert Swaringer, its pastor, (collectively, "the Church") cross-moved for summary judgment. The district court granted the Church's cross-motion, rejecting Mount Vernon's contention that certain classifications set forth in the policy served to limit the coverage claimed. For the reasons that follow, we affirm.

Comments

277 F.3d 232 (2002)

MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. BELIZE NY, INC., Lydia Jimenez, as Administratrix of the Estate of Mayra Rentas, deceased, Patrick Glynn, Sinead Glynn, United House of Prayer for all People of the Church on the Rock of the Apostolic Faith, Marjorie Lopez, as Administratrix of the Goods, Chattels and Credits that were of Olga Garcia, Hubert Swaringer, Illya Brunner, as Administratrix of the Estate of Kareem Brunner, deceased, Ivette Melendez, as Administratrix of the Estate of Cythia Martinez a/k/a Cynthia Martinez, deceased, Jose Ramos, as Administrator of the Estate of Luz Ramos a/k/a Luz M. Ramos-Ortiz, deceased, Oscar Marrero, Jr., as Administrator of the Estate, Goods, Chattels and Credits of Angelina Marrero, deceased, Isardeen Chaitram, Alan Grossberg, Sharon Grossberg, Kemper National Insurance Companies, a/s/o Won Duck Kim, Menstown Stores Inc., Patricia Ramautar, as Administratrix of the Estate of Garnette D. Ramautar and Jacques Douek, Defendants-Appellees.

Docket No. 00-9228.

United States Court of Appeals, Second Circuit. August Term, 2000.

Argued August 10, 2001.

Decided January 11, 2002.

New York Law School location: File #2979, Box #143

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