Dominick Miccio Et Al. v. National Surety Corporation

Plaintiffs owned and operated an ice cream store located in the Village of Fishkill, Dutchess County. When the business first commenced, apparently in the spring of 1978, defendant National Surety Corporation (hereinafter National) issued an insurance policy providing plaintiffs with comprehensive general liability coverage. In early 1979, plaintiffs arranged for the installation of a hoisting device in the store to lower supplies to the basement storage area. In February 1983, the premises were sold to defendant Karl Ehmer and plaintiffs insurance policy was terminated. Ehmer subsequently operated a restaurant on the property and, in April 1985, Charles Amundsen, Jr. was killed while making a delivery to the restaurant in an accident involving the hoisting device.