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ALBANY MEDICAL CENTER v. PREFERRED LIFE INSURANCE COMPANY OF NEW YORK

19 Misc.3d 209 (2008)

851 N.Y.S.2d 843

ALBANY MEDICAL CENTER, Plaintiff, v. PREFERRED LIFE INSURANCE COMPANY OF NEW YORK, Defendant.

Supreme Court, Albany County.

January 31, 2008.

Attorney(s) appearing for the Case

David R. Sheridan, Delmar, for plaintiff.

Leonard, Street & Deinard, Minneapolis, Minnesota (John M. Sheran and Timothy P. Griffin of counsel), and Locke & Herbert, L.L.P., New York City (Stephen R. Herbert of counsel), for defendant.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Plaintiff Albany Medical Center moves for summary judgment in this action brought to recover benefits allegedly due under an excess insurance policy. Defendant Allianz Life Insurance of New York (formerly known as Preferred Life Insurance Company of New York) cross-moves for summary judgment dismissing the complaint.

Background

In 1994, Albany Medical Center (AMC) purchased a policy...

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