LUMBER MUT. INS. CO. v. LUMBERMAN'S MUT. CAS. CO.


186 A.D.2d 637 (1992)

Lumber Mutual Insurance Company, Respondent, v. Lumberman's Mutual Casualty Co., Appellant

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

October 13, 1992


Ordered that the judgment is affirmed, with costs.

The plaintiff and the defendant each issued insurance policies to the same insured in the same amount for the same premises, a shopping center, for overlapping periods of time. On September 27, 1985, the roof of the insured premises was damaged and the interior of the building was exposed to the elements during a hurricane. Subsequent to the date of the loss, the defendant denied coverage for the loss based, inter...

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