Mumuni v. Eagle Insurance

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered January 23, 1997, which, in an action to determine insurance coverage, insofar as appealed from, declared that defendant-appellant’s policy was in effect at the time of the accident, unanimously affirmed, without costs. The accident occurred on December 31, 1988 at 9:00 a.m. Defendant-respondent’s policy with the insured expired as of 12:01 a.m. on December 31, 1988; defendant-appellant’s policy with the insured was effective “from 12/31/88 midnight to 12/ 31/89 midnight”. We agree with the IAS Court that the word “midnight” is ambiguous, and that the ambiguity should be construed against defendant-appellant so as to provide coverage as of the termination of defendant-respondent’s policy at 12:01 a.m. (see, Leatherby Ins. Co. v Villafana, 82 Misc 2d 144). Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.