ROCHESTER & SOUTHERN R.R., INC. v. UTICA MUT. INS. CO.


156 A.D.2d 1000 (1989)

Rochester & Southern Railroad, Inc., Respondent, v. Utica Mutual Insurance Company, Appellant, and Paul Garrick, Inc., Respondent. (Appeal No. 1.)

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

December 20, 1989


Judgment unanimously affirmed with costs.

Memorandum:

Plaintiff railroad obtained a policy of insurance from defendant Utica Mutual Insurance Company through codefendant Paul Garrick, Inc., insuring against loss to plaintiff's railroad cars, tracks and for necessary expenses which would be incurred upon the derailment of a train. An endorsement to the policy provided for a maximum coverage of $43 million subject to a 30% coinsurance clause.

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