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BD. OF EDUC., YONKERS CITY SCHOOL DIST. v. CNA INS. CO.

No. 425, Docket 87-7690.

839 F.2d 14 (1988)

BOARD OF EDUCATION, YONKERS CITY SCHOOL DISTRICT, Plaintiff-Appellee, v. CNA INSURANCE COMPANY and Continental Casualty Co., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 29, 1988.

Attorney(s) appearing for the Case

P. Daniel Hollis, Anderson, Banks, Moore, Curran & Hollis, Mount Kisco, N.Y. (Lawrence V. Thomas, James P. Drohan, of counsel), for plaintiff-appellee.

Frank L. Amoroso, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y. (David P. Franks, Evan H. Krinick, of counsel), for defendants-appellants.

Before KAUFMAN, CARDAMONE and PRATT, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Appellant Continental Casualty Company, (the company), a member of the CNA Insurance Group, is the primary liability insurer for the appellee, the Board of Education of the City of Yonkers (the Board). Under the terms of a 1978 liability policy, the company agreed to indemnify the Board, up to $3 million, for a broad spectrum of possible liabilities. The policy, however, is not all-inclusive. It contains a substantial number of coverage...

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