COMMISSIONERS OF THE STATE INSURANCE FUND v. AETNA CASUALTY AND SURETY COMPANY


283 A.D.2d 335 (2001)

728 N.Y.S.2d 6

COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. AETNA CASUALTY AND SURETY COMPANY, Appellant.

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

Decided May 29, 2001.


Defendant's umbrella policy states that it provides coverage for a loss of the insured in excess of the "applicable underlying limit," defined as, inter alia, "[t]he amount of insurance stated in the policies of `underlying insurance' in the Declarations or any other available insurance less the amount by which any aggregate limit so stated has been reduced solely due to payment of claims." Although the State Insurance Fund is not listed in the umbrella policy's schedule...

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