Erie Ins. Exch. v J.M. Pereira & Sons, Inc., 31 NY3d at 939 (2018)

2018 NY Slip Op 01958 [31 NY3d 938]
March 22, 2018
Court of Appeals

[*1]

In the Matter of Erie Insurance Exchange, Appellant,
v
J.M. Pereira & Sons, Inc., et al., Respondents.

Decided March 22, 2018

Erie Ins. Exch. v J.M. Pereira & Sons, Inc., 151 AD3d 1879, affirmed.

{**31 NY3d at 939} 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 NY3d 302, 307 [2009]).

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