FETNER v. BOSTON OLD COLONY INS. CO.


62 A.D.2d 936 (1978)

Sidney Fetner et al., Doing Business as Mayflower Equities, Respondents, v. Boston Old Colony Insurance Company, Defendant, and Zurich Insurance Company, Appellant

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

April 13, 1978


Plaintiffs had property insurance with defendants Zurich Insurance Company and Boston Old Colony Insurance Company on premises which were damaged by flooding caused by a ruptured water main. Both insurance companies disclaimed liability on the ground that the policies excluded damages for loss from flooding. Plaintiffs instituted suit for $25,000, but before trial Boston Old Colony settled for the sum of $17,000. Plaintiffs had made...

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