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MICHIGAN MUT. INS. CO. v. AM. & FOREIGN INS. CO.

228 A.D.2d 183 (1996)

643 N.Y.S.2d 341

Michigan Mutual Insurance Co., Appellant, v. American & Foreign Insurance Co. et al., Respondents, et al., Defendants

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

June 6, 1996

The motion court properly dismissed plaintiff's claim against ABC's insurer, American Motorist, as a coinsurer of ABC's defense costs in the underlying action, on the ground that the policy between ABC and American Motorist provided for what was effectively a $100,000 deductible against all general liability claims, including those for attorneys' fees, a threshold that ABC did not exceed in its defense of the underlying action...

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