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Some say there are two things one should never watch being made: law and sausage.  If you are one of those (who say that), avert your eyes and move along.

The Supreme Court of New York, Appellate Division, 4th Department has found that the lower court erred by not awarding partial summary judgment to plaintiffs in a coverage dispute, arising from water damage due to the plumbing system freezing because the term “reasonable care” as used in the homeowner’s policy was ambiguous, and the “unoccupied home” exclusion relied on by defendant did not unambiguously apply; plaintiffs’ used reasonable, albeit unsuccessful, efforts to maintain the heat in their seasonal home. The case is McAleavey v. Chautauqua Patrons Ins. Co., 2021 NY Slip Op 03954 (App. Div. 4th Dept.).

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