SUMITOMO MAR. v. COLOGNE CO.


75 N.Y.2d 295 (1990)

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

Court of Appeals of the State of New York.

Decided February 13, 1990.


Attorney(s) appearing for the Case

Thomas R. Newman and Barry Bassis for appellants.

John H. Haley for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE and HANCOCK, JR., concur; Judges ALEXANDER and BELLACOSA taking no part.


KAYE, J.

This appeal calls upon us to resolve a question of reinsurance law — a field in which differences have often been settled by handshakes and umpires, and pertinent precedents of this court are few in number.

Plaintiff (Sumitomo Marine & Fire Insurance Company), an insurer, underwrote a one-year commercial property insurance policy for Auburn Steel Company, a steel mill located in upstate...

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