PENSKE TRUCK LEASING CO. v. HOME INS. CO.


251 A.D.2d 478 (1998)

674 N.Y.S.2d 400

Penske Truck Leasing Co., L.P., Respondent, v. Home Insurance Company, Appellant, et al., Defendants

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

June 15, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment is denied.

In 1991, the plaintiff, Penske Truck Leasing Co., L.P. (hereinafter Penske), leased several Mack trucks to Golden Distributors, Ltd. (hereinafter Golden) for a period of 48 months. The lease agreement required Golden to procure and maintain automobile liability insurance and list Penske as an "additional insured" on the policy. Sometime...

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