ALBERTA & ORIENT GLYCOL COMPANY, LTD. v. FACTORY MUTUAL INSURANCE COMPANY


49 A.D.3d 276 (2008)

852 N.Y.S.2d 112

ALBERTA & ORIENT GLYCOL COMPANY, LTD., Appellant, v. FACTORY MUTUAL INSURANCE COMPANY et al., Respondents.

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

Decided March 4, 2008.


In this action for breach of contract based upon defendants' denial of coverage for plaintiff's losses under all-risk insurance policies covering plaintiff's chemical reactor facility in Alberta, Canada, the motion court properly determined that personal jurisdiction (CPLR 301) was lacking as to Great Lakes, Commonwealth and ACE INA, as they are not "engaged in such a continuous and systematic course of `doing business' here that a finding of [their] `presence' in this jurisdiction...

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