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MTR CONSOL. MUT. INS. CO.

60 N.Y.2d 1 (1983)

In the Matter of the Liquidation of Consolidated Mutual Insurance Company. Arcade Cleaning Contractors, Inc., Appellant; Superintendent of Insurance, as Liquidator of Consolidated Mutual Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Robert Long, Theodore M. Wolkof and Jack J. Albert for appellant.

Herbert Rubin, William F. Jerome, Edward L. Birnbaum and David B. Hamm for respondent.

Joseph F. Donley and Lawrence G. Goodman for Millar Elevator Industries, Inc., amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and SIMONS concur.

MEYER, J.

The determination of the Superintendent of Insurance that the Security Fund established by section 334 of the Insurance Law does not cover an insured's claim against its insolvent liability insurer resulting from the insured's contractual or common-law liability to indemnify a third party held responsible for injury to the insured's employee is neither contrary to the clear wording of the Insurance Law...

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