MUT. FIRE v. JAMES & CO.


92 A.D.2d 203 (1983)

Mutual Fire, Marine & Inland Insurance Co. et al., Respondents, v. Fred S. James & Company of New York, Appellant. (Action No. 1.) Mission Insurance Company, Respondent, v. Fred S. James & Company of New York, Appellant. (Action No. 2.)

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

March 10, 1983


Attorney(s) appearing for the Case

Paul N. Watterson, Jr., of counsel (David M. Brodsky and Ronald A. Sarachan with him on the brief; Schulte Roth & Zabel and O'Halloran, Lively & Walker, attorneys), for appellant.

Anthony J. DiOrio of counsel (Benjamin A. Fleischner with him on the brief; White & Fleischner, attorneys), for Mission Insurance Company, respondent.

Mark F. Bruckmann of counsel (Edward G. Spacek with him on the brief; Mendes & Mount, attorneys), for Mutual Fire, Marine & Inland Insurance Co., and others, respondents.

SILVERMAN, FEIN, MILONAS and ALEXANDER, JJ., concur.


ROSS, J.

Standard Metals Corporation (Standard) is a Delaware corporation. In 1974, Standard retained defendant Fred S. James & Company of New York (James), as its agent, to procure $9,000,000 in "all risk" property damage insurance to cover an underground gold mine that Standard owned and operated in Silverton, Colorado.

James is a New York corporation engaged in the insurance brokerage business...

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