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FOSTER WHEELER CORP. v. HOME INS. CO.

72 A.D.2d 693 (1979)

Foster Wheeler Corporation, Appellant-Respondent, v. Home Insurance Company, Respondent-Appellant, et al., Defendants

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

November 8, 1979

The Trial Justice found after trial that there were valid defenses to the action on the policy in that the risk sued on was excluded by specific provision of the policy because other policies of insurance covered the same risk, and that a condition of the policy had been violated in that settlement had been made without the knowledge or approval of the insurance company. This finding is in nowise attacked by plaintiff-appellant....

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