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WAL-MART STORES, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY

11 A.D.3d 300 (2004)

784 N.Y.S.2d 25

WAL-MART STORES, INC., Respondent, v. UNITED STATES FIDELITY AND GUARANTY COMPANY et al., Appellants.

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

October 14, 2004.

Plaintiff seeks damages for breach of contract in this insurance coverage dispute. The policies provided that any suit brought to recover for losses "shall not be barred if commenced within the time prescribed therefor in the statutes of the State of New York," but did not specifically mention or incorporate by reference the requirement in the standard fire insurance policy of this state (see Insurance Law § 3404 [e]) that any such lawsuit be commenced within...

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