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ZIMMERMAN v. TOWER INSURANCE COMPANY OF NEW YORK

13 A.D.3d 137 (2004)

788 N.Y.S.2d 309

MARQUITA ZIMMERMAN, Appellant, v. TOWER INSURANCE COMPANY OF NEW YORK, Respondent.

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

December 14, 2004.

In May of 1995, plaintiff brought an action against Skate Key Roller Rink, Inc. (Skate Key) for injuries she sustained on Skate Key's premises. At that time, defendant Tower Insurance Company of New York (Tower) insured Skate Key. In 1998, Tower advised Skate Key that it was rescinding the policy due to Skate Key's failure to pay deductibles owed on settled claims, that it would be commencing a declaratory judgment action to confirm the denial of coverage on six unresolved...

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