Attorney(s) appearing for the Case
Bruce D. Mencher for appellants.
Victor K. Soffer for respondent.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.
Court of Appeals of the State of New York.
The order of the Appellate Division should be reversed, with costs, and plaintiff's motion for summary judgment denied.
Plaintiff's submissions in support of its motion for summary judgment fail to establish that the rates applied in calculating the additional premium allegedly due under the policy were those required to be applied according to its rating plans filed with the Superintendent of Insurance...
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