233RD STREET PARTNERSHIP, L.P. v. TWIN CITY FIRE INSURANCE COMPANY


52 A.D.3d 292 (2008)

860 N.Y.S.2d 46

233RD STREET PARTNERSHIP, L.P., et al., Appellants, v. TWIN CITY FIRE INSURANCE COMPANY, Respondent.

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

Decided June 10, 2008.


The court erred in basing its determination that defendant's policy was excess solely on the wording of that policy. We find that since, among other things, there is no primary insurance underlying defendant's policy, and its coverage is subject only to the payment of a deductible, the policy is not a true excess policy, but rather is a primary policy that, under certain circumstances, purports to shift losses to other available insurance (see Bovis Lend Lease LMB, Inc...

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