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ORION INS. CO. v. GE CO.

129 Misc.2d 466 (1985)

Orion Insurance Company, Ltd., et al., Plaintiffs, v. General Electric Company, Defendant, and United States Aviation Underwriters, Inc., et al., Counterclaim Defendants. (Action No. 1.) United States Aviation Underwriters, Inc., et al., Plaintiffs, v. General Electric Company, Defendant, and Orion Insurance Company, Ltd., et al., Counterclaim Defendants. (Action No. 2.)

Supreme Court, Special Term, Queens County.

July 12, 1985

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriber & Jacobson (Marvin V. Ausubel, John A. Borek and Cheryl B. Spector of counsel), for United States Aviation Underwriters, Inc., plaintiff in action No. 2 and counterclaim defendant in action No. 1. Kissam, Halpin & Genovese (James J. Harrington, Norma B. Levy and Rosemary L. Todaro of counsel), for defendant in actions Nos. 1 and 2.

ARTHUR W. LONSCHEIN, J.

In this action, United States Aviation Underwriters, Inc., a liability insurer which participated in the settlement of an action against two of its insureds, sues one of them, the General Electric Company, for repayment of a deductible, as provided by the contract of insurance, and moves for summary judgment. In addition to alleging the existence of factual issues, the insured raises...

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