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FED. INS. CO. v. EMPIRE MUT. INS. CO.

181 A.D.2d 568 (1992)

Federal Insurance Company, Appellant, v. Empire Mutual Insurance Company, Respondent

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

March 24, 1992

In this action for a declaratory judgment, plaintiff insurer, Federal Insurance Company ("Federal"), appeals from so much of an order as declined to hold that the policy of defendant insurer, Empire Mutual Insurance Company ("Empire"), provided primary coverage to a common insured in an underlying negligence action. Instead, the IAS court declared that, in the circumstances presented, each insurer provided concurrent, excess insurance...

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