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DEMAKOS v. TRAVELERS INSURANCE CO. Supreme Court, Appellant Div. 613 N.Y.S.2d 709 (1994)
Case Brief
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DEMAKOS v. TRAVELERS
PURPOSE: Construing an insurance policy.
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DEMAKOS v. TRAVELERS
CAUSE OF ACTION: Declaratory judgment on an insurance contract.
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DEMAKOS v. TRAVELERS
FACTS: Landlord sued by tenant for injuries from secondhand smoke from pool hall in basement under the tenant. Landlord sues under insurance policy for indemnification.
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5. Copyright 2007 Thomson Delmar Learning.
DEMAKOS v. TRAVELERS
ISSUE: Whether trial court properly dismissed the case in favor of defendant insurer.
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DEMAKOS v. TRAVELERS
HOLDING: Yes, insurer was not liable under the policy.
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7. Copyright 2007 Thomson Delmar Learning.
DEMAKOS v. TRAVELERS
REASONING: Exclusion clauses in the policies clearly stated the insurer was not liable for injuries caused by pollutants. The language was unambiguous in this regard.
(Insurance policies are ordinarily construed in favor of the insured where language is unclear.)
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