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B.L.G. Enterprises Inc. v. First Financial Insurance Co.

3/8/1999

. 1991)(same); see also Smith Jean, Inc. v. Royal Globe Ins. Co., 526 N.Y.S.2d 604 (N.Y. App. Div. 1988)(products hazard clause did not negate liquor liability exclusion in insurance policy).


Conservators distinguish State Auto. Ins. Assn v. Young Men's Republican Club of Ailegheny County, Inc., supra, and Smith Jean, Inc. v. Royal Globe Ins. Co., supra, on the basis that the policy exclusions in those cases precluded-liability coverage for the sale of alcoholic beverages in violation of statute. Conservators distinguish Exchange Ins. Co. v. Mar-Fran Enterprises, Inc., supra, on the basis that the insured was a restaurant, rather than a tavern. These distinctions are irrelevant. In all three cases, the courts specifically ruled the endorsements' new definition of "products hazard" did not eliminate the dram shop exclusion.


AFFIRMED.


FINNEY, C.J., TOAL, MOORE, and WALLER, JJ., concur.






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