MERRITT v. JEFFERSON INS.


112 Misc.2d 51 (1982)

Joseph Merritt et al., Plaintiffs, v. Jefferson Insurance Company et al., Defendants.

Supreme Court, Erie County.

January 7, 1982


Attorney(s) appearing for the Case

Richard J. Steiner for plaintiffs. Hodgson, Russ, Andrews, Woods & Goodyear (Kenneth Schroeder, Jr., of counsel), for defendants.


JOSEPH J. SEDITA, J.

This is a motion for summary judgment. Plaintiffs seek payment in full by the defendant insurance companies for a loss from a fire on their property. The amount of the damages is not in dispute. The only dispute is over whether or not the "coinsurance" clauses of the insurance policies limit the companies' liability to something less than the full amount of the damages under the facts of this case.

Three insurance companies...

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