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LIBERTY MUTUAL FIRE INSURANCE COMPANY v. NATIONAL CASUALTY COMPANY

47 A.D.3d 770 (2008)

850 N.Y.S.2d 188

LIBERTY MUTUAL FIRE INSURANCE COMPANY et al., Respondents, v. NATIONAL CASUALTY COMPANY, Appellant.

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

Decided January 22, 2008.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate declaratory judgment.

We agree with the defendant that the disputed policy provision is in the nature of a limitation of coverage (see Matter of Atlantic Mut. Cos. v Ceserano, 5 A.D.3d 382, 383-384 [2004]; State Farm Mut....

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