Order unanimously reversed, on the law and facts, with costs, and judgment entered in favor of defendant dismissing the complaint.
Memorandum:
Defendant Employers' Liability Assurance Corp. Ltd. (Employers) appeals from an order after a bench trial which directed entry of a money judgment against it in favor of plaintiff Loblaw, Inc. (Loblaw). Employers issued a Workmen's Compensation excess reinsurance contract to Loblaw for amounts which Loblaw would be...
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