CONT'L INS. CO. v. TOLLMAN-HUNDLEY HOTELS CORP.


223 A.D.2d 374 (1996)

636 N.Y.S.2d 319

Continental Insurance Company, Respondent, v. Tollman-Hundley Hotels Corporation, Appellant

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

January 9, 1996


As there was no genuine dispute that plaintiff performed its obligations under the insurance contracts with respect to the relevant audit premiums, any error in the trial court's failure to charge the jury on the issue of performance was harmless. Indeed, the record demonstrates that defendant, at trial, essentially challenged only $185,000 of the $1,370,000 bill for audit premiums submitted to it by plaintiff. The trial court also properly instructed the jury that plaintiff...

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