RUDER & FINN v. SEABOARD SUR


71 A.D.2d 216 (1979)

Ruder & Finn Incorporated, Appellant, v. Seaboard Surety Company, Respondent

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

December 4, 1979


Attorney(s) appearing for the Case

Stuart C. Sloame of counsel (Abraham J. Backenroth with him on the briefs; Hershcopf Graham & Sloame, attorneys), for appellant.

James F. Rittinger of counsel (Robert M. Callagy and George L. Mahoney with him on the brief; Satterlee & Stephens, attorneys), for respondent.

KUPFERMAN, BIRNS and FEIN, JJ., concur.


MURPHY, P. J.

On July 2, 1972, defendant Seaboard Surety Company (Seaboard) issued a policy of insurance to plaintiff Ruder & Finn (R. & F.). To the extent here relevant, Seaboard agreed:

"1. To pay on behalf of the Insured all sums which the Insured shall become obligated to pay by reason of the liability imposed upon him by law, or assumed by him under contract as defined herein, as the result...

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