NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH v. XEROX CORPORATION


25 A.D.3d 309 (2006)

807 N.Y.S.2d 344

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. XEROX CORPORATION et al., Respondents, et al., Defendant.

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

January 3, 2006.


The cause of action alleging breach of a condition precedent contained in the binder issued to defendants was properly dismissed. The binder and the policy here were two distinct agreements (see Springer v Allstate Life Ins. Co. of N.Y., 94 N.Y.2d 645, 651 [2000]; World Trade Ctr. Props. L.L.C. v Hartford Fire Ins. Co., 345 F.3d 154, 166 [2003]; and see Insurance Law § 3203 [a...

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