District Judge Michael A. Telesca
Central Terminal Restoration Corp. (CTRC) was formed to reuse Buffalo’s Cent. Terminal Ry. Station. An April 1, 2013 Dyngus Day fundraiser for which CTRC obtained a temporary liquor license led to lawsuits, by Serrano and Sheehan alleging that despite being visibly intoxicated or impaired by alcohol, Gilray was served alcohol and injured Serrano and Sheehan while driving a car. CTRC notified insurer Philadelphia Indem. Ins. Co. (PIIT), which sought a declaration that its duty to defend and indemnity CTRC exists only under a liquor liability coverage on CTRC’s primary policy, not under that policy’s commercial general liability (CGL) coverage part or an excess policy. The court granted CTRC, Serrano and Sheehan summary judgment, finding that coverage existed under the plain language of both the CGL coverage part of the Primary Policy and under the Excess Policy. The fund-raising endorsement that CTRC bought in connection with the Primary Policy established coverage, and the liquor liability exclusion in the Primary Policy did not apply to CTRC by its own terms, because CTRC is not in the business of making, selling, serving, or furnishing alcoholic beverages.