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AETNA CAS. v. LUMBERMENS MUT.

136 A.D.2d 246 (1988)

Aetna Casualty and Surety Company, Appellant, v. Lumbermens Mutual Casualty Company, Respondent

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

April 8, 1988

Attorney(s) appearing for the Case

Michael Pilarz for appellant.

Canale, Madden & Burke, P. C. (John Canale of counsel), for respondent.

DOERR, J. P., GREEN, LAWTON and DAVIS, JJ., concur.

BOOMER, J.

Both Aetna Casualty and Surety Company, plaintiff, and Lumbermens Mutual Casualty Company, defendant, insured John W. Cowper Company, which had contracted to construct a building for the Jewish Federation Housing Development Fund. The general liability policy issued by Aetna Casualty and Surety Company contained an endorsement providing coverage for liability based on contractual indemnity, but excluded...

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