FIREMAN'S FUND INSURANCE COMPANY v. ABAX, INC.


12 A.D.3d 277 (2004)

786 N.Y.S.2d 6

FIREMAN'S FUND INSURANCE COMPANY et al., Respondents, v. ABAX, INC., Defendant, and ZURICH AMERICAN INSURANCE GROUP, Appellant.

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

November 23, 2004.


Although the motion court correctly determined that the Zurich American policy did afford coverage to the commercial plaintiffs, the motion court erred nonetheless in directing Zurich American to reimburse Fireman's Fund in full for the defense costs incurred and the indemnity payments made in connection with the underlying litigation. The "other insurance" clause in the Fireman's Fund policy, which is contained in the property section of the policy, does not apply to this...

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