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  5. 57 N.Y.2d 920 (1982)
 

KANSAS CITY FIRE & MARINE INS. CO. v. HARTFORD INS. GROUP

57 N.Y.2d 920 (1982)

Kansas City Fire and Marine Insurance Company, Plaintiff, v. Hartford Insurance Group et al., Respondents, and Jefferson Insurance Company of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1982.

Attorney(s) appearing for the Case

Howard V. Burke for appellant.

Frank G. Godson for Hartford Insurance Group, respondent.

James E. Kehoe for Blue Bird Coach Lines, Inc., respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order appealed from and the order brought up for review should be reversed and judgment granted declaring that Hartford and Jefferson are to contribute in amounts in accordance with their settlement agreement. Mutual excess policies covering the same risk cancel each other out (Federal Ins. Co. v Atlantic Nat. Ins. Co., 25 N.Y.2d 71). Here, neither clause contains...

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