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KYES v. NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY

278 A.D.2d 736 (2000)

717 N.Y.S.2d 757

FLOYD W. KYES, Doing Business as F.W. KYES TRANSPORTATION, Appellant, v. NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant, and ERIC B. CHAPMAN et al., Respondents.

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

Decided December 21, 2000.

Peters, J.

Plaintiff, owner of F.W. Kyes Transportation (hereinafter Kyes), transports recreational vehicles between various manufacturers' warehouses, his own warehouse and retail outlets, storing such vehicles at his warehouse for varying periods of time. In 1991, plaintiff switched insurers, ultimately purchasing a "Cargo-All Risk" policy from defendants Eric B. Chapman and the J.D. Chapman Agency, Inc. (hereinafter collectively referred to as Chapman). While procuring...

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