Neil Mascolo and Veronika Tadros obtained summary judgement on behalf of their client in a “loading and unloading” coverage action. The case involved a Declaratory Judgment action commenced on behalf of our client who had issued a disclaimer pursuant to the “loading and unloading” exclusion in the CGL policy.  In a decision dated May 10, 2024, Supreme Court Judge Louis L. Nock,  granted our motion and agreed with our argument that the underlying accident involved loading and unloading and thus the trucks business auto policy should provide coverage rather than our clients CGL Policy. Plaintiff in the underlying action claimed that she sustained injuries when she was struck by several falling bins that were stacked on the sidewalk while they were in the process of being unloaded by the truck driver. Defense counsel argued that the injury was not the result of the negligent use of the truck or actual loading or unloading of the vehicle, and as such the accident did not involve “loading or unloading”. The court rejected that argument and found that the “loading and unloading” exclusion in the CGL policy was applicable. In coming to its decision the court discussed several similar cases and noted New York’s well settled law that “the unambiguous provisions of an insurance policy, as with any written contract, must be afforded their plain and ordinary meaning.”  Needless to say, with the underlying case about to go to trial in Queens County, our client was pleased to save defense costs and a possible indemnity payment