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472 F.3d 33 *; 2006 U.S. App. LEXIS 31414 **; 36 ELR 20251
PARKS REAL ESTATE PURCHASING GROUP, PARKS ASSOCIATES REAL ESTATE, INC., PARKS & ASSOCIATES REAL ESTATE LTD., MAZAL GROUP, L.L.C., PARKS ASSOCIATES REAL ESTATE, and NEWMARK & COMPANY REAL ESTATE, Plaintiffs-Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH AND GREAT NORTHERN INSURANCE COMPANY, Defendant.
Prior History: [**1] Appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Preska, J.) dismissing plaintiffs-appellants' Complaint in an action to recover under an insurance policy on a claim for building damage caused by particulate matter emanating from the collapse of the World Trade Center Twin Towers, the court having determined that the claim was barred by the policy's contamination exclusion clause.
Parks Real Estate Purchasing Group v. St. Paul Fire & Marine Ins. Co., 2005 U.S. Dist. LEXIS 21872 (S.D.N.Y., Sept. 28, 2005)
Disposition: Vacated and remanded.
contamination, coverage, district court, ambiguous, efficient cause, collapse, impurity, insured, particulate matter, foreign substance, particulate, corrosive, pollution, all-risk, peril, mechanical, smoke, insurance policy, insured building, quotation, chemical, mixture, losses, irritant, marks, pollution exclusion, summary judgment, abrasive, airborne, damaged
Civil Procedure, Judgments, Summary Judgment, Evidentiary Considerations, Burdens of Proof, Nonmovant Persuasion & Proof, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Appeals, Standards of Review, De Novo Review, Contracts Law, Contract Interpretation, General Overview, Questions of Fact & Law, Insurance Law, Property Insurance, Coverage, All Risks, Exclusions, Named Perils, Trials, Jury Trials, Province of Court & Jury, Ambiguities & Contra Proferentem, Evidence, Allocation, Policy Interpretation, Ambiguous Terms, Construction Against Insurers, Claim, Contract & Practice Issues, Exclusions, Burden Shifting, Parol Evidence, Extrinsic Evidence