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STRUCTURE TONE, INC. v. BURGESS STEEL PRODS. CORP.

249 A.D.2d 144 (1998)

672 N.Y.S.2d 33

Structure Tone, Inc., Appellant, v. Burgess Steel Products Corp. et al., Defendants, and JWP Forest Electric Corp. et al., Respondents

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

April 21, 1998

The contract between plaintiff, as general contractor, and JWP, as subcontractor, did not make any reference to deductibles and only provided, insofar as is relevant here, that JWP was to bear the cost of defense and procure liability coverage in the amount of $4 million. Accordingly, in light of JWP's concession that it is obligated to pay any insurance deductibles and to abide by the provision of the subject policy obligating...

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