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Salviejo v. State Farm Fire and Casualty Co.

6/17/1998

fell within the exclusion. Here, however, the relevant provision is narrowly drafted to exclude from coverage only direct claims of bodily injury by insureds. As such, it does not clearly and unmistakably exclude the defense and indemnification of third-party claims, even where they arise as a result of an injury to an insured.


Doyle, 667 N.Y.S.2d at 756 (citations omitted) (emphasis added). Again, the household exclusion at issue in the instant case is "broadly worded" and "clearly and unmistakably exclude the defense and indemnification of third-party claims [for contribution and/or indemnification], even where they arise as a result of an injury to an insured." Id. Accordingly, we cannot invalidate it, as it does not appear to contravene any statute or public policy.


IX.


For the foregoing reasons, we hold the court was right and affirm the December 5, 1996 order granting State Farm's motion for summary judgment and the June 5, 1997 final judgment entered in favor of State Farm.






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