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SIMPLEXDIAM, INC. v. BROCKBANK

283 A.D.2d 34 (2001)

727 N.Y.S.2d 64

SIMPLEXDIAM, INC., Respondent, v. MARK E. BROCKBANK, on Behalf of Himself and All Other Underwriters at Lloyd's of London Subscribing to the Primary Slip of a Certain Lloyd's Insurance Policy, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 5, 2001.

Attorney(s) appearing for the Case

Stanley McDermott, III, of counsel, New York City (Piper Marbury, Rudnick & Wolfe, L. L. P., attorneys), for respondent.

Daniel J. Friedman of counsel, New York City (Michael K. Gertzer on the brief; Abrams, Gorelick, Friedman & Jacobson, P. C., attorneys), for appellants.

MAZZARELLI, ELLERIN, LERNER and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

This is an appeal by an excess insurer affording $3.5 million of additional coverage, "excess of $500,000 each and every loss," under a conventional all risks jewelers block insurance policy, from the denial of its motion for summary judgment dismissing the complaint for failure to show a loss in excess of the $500,000 threshold necessary to trigger its obligation to pay. The alleged insurable loss, calculated at $1,687...

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