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SUMITOMO MARINE & FIRE INS. CO., LTD. v. COLOGNE REINSURANCE CO. OF AM.

149 A.D.2d 377 (1989)

Sumitomo Marine & Fire Insurance Co., Ltd. — U.S. Branch, Appellant, v. Cologne Reinsurance Company of America et al., Defendants, and Buffalo Reinsurance Company et al., Respondents

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

April 25, 1989

Supreme Court erred in granting summary judgment to defendants-respondents the Philadelphia Reinsurance Corporation (Philadelphia) and the Buffalo Reinsurance Company (Buffalo). The court incorrectly found that there had been a modification of the "original contract" between plaintiff-appellant, the Sumitomo Marine & Fire Insurance Co., Ltd. (Sumitomo), and its insured, Auburn Steel Co., Inc. (Auburn), by Sumitomo's addition of amendment 3 which, the court found, had...

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