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WELSH v. PEERLESS CAS. CO.

8 A.D.2d 373 (1959)

Lucy D. Welsh, as Administratrix of The Estate of George T. Welsh, Deceased, Appellant, v. Peerless Casualty Company, Respondent

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

June 25, 1959.

Attorney(s) appearing for the Case

Louis J. Jasne of counsel (Diamond & Jasne, attorneys), for appellant.

Frank J. Wheelan for respondent.

M. M. FRANK, VALENTE and STEVENS, JJ., concur with RABIN, J; BREITEL, J. P., dissents and votes to affirm in opinion.

RABIN, J.

This appeal involves the construction of a contract of excess insurance made by the Peerless Casualty Company (the insurer) and Surface Transportation Corporation of New York (the insured) whereby it was agreed that for any single accident involving Surface, the latter would bear the initial liability of $10,000 and Peerless would pay any sum in excess of that amount up to $40,000. In effect, Surface...

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