St. George relies on City of Elmira v. Selective Ins. Co. of N.Y

St. George relies on City of Elmira v. Selective Ins. Co. of N.Y. (83 AD3d 1262 [3d Dept 2011]), which addressed an insurance policy's "Ordinance or Law" provision that provided, in pertinent part, as follows: "(1) If a Covered Cause of Loss occurs to covered Building property, we will pay: (a) For Loss or damage caused by enforcement of any ordinance or law that: (i) Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss; . . . (c) The cost to demolish and clear the site of undamaged parts of the property caused by enforcement of the building, zoning or land use ordinance or law." Id. at 1264. In that case, a windstorm had caused a portion of the southern wall of the insured's building to collapse, due to mortar deterioration that weakened the wall. Id. at 1262. Such deterioration existed in other parts of the building, which was found to be in violation of the New York State Property Maintenance Code and had to be demolished. Id. at 1263. The insurer paid only for the original wind damage and refused to cover the cost of demolishing the undamaged portions of the building, arguing that the "Ordinance or Law" provision could not be invoked because the windstorm did not cause the enforcement of the Property Maintenance Code. Id. at 1264-65. The court held that: "the clear and unambiguous language of the Ordinance or Law provision required only that a covered cause of loss occur, and that plaintiff incur costs to demolish and clear the site of undamaged parts of the property as a result of the enforcement of an ordinance or law. Thus, the only causal link required under that provision [was] that the costs to demolish the undamaged portions of the building be caused by enforcement of an ordinance or law." Id. at 1265. However, in City of Elmira, it was undisputed that the "Covered Cause of Loss" of the damaged portion of the building (that is, mortar deterioration), was also the subject of the coverage the plaintiff sought for the undamaged portion of the building. Id. at 1263-64.