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GEN. UTILS., INC. v. INTERBORO MUT. INDEM. INS. CO.

117 A.D.2d 647 (1986)

General Utilities, Inc., Formerly Known as Combined Trucking Corp., Doing Business as General Utilities, Respondent, v. Interboro Mutual Indemnity Insurance Company, Appellant

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

February 10, 1986

Order affirmed, insofar as appealed from, with costs.

Construing the policy strictly against the insurer (see, Breed v Insurance Co., 46 N.Y.2d 351, 353), Special Term was correct in holding that the policy's exclusion from coverage of "liability assumed by the Insured under any contract or agreement" applies only to indemnification claims. Since no extrinsic evidence has been presented, summary judgment is appropriate...

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