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WELLS FARGO BANK, N.A. v. ZURICH AMERICAN INSURANCE COMPANY

59 A.D.3d 333 (2009)

874 N.Y.S.2d 68

WELLS FARGO BANK, N.A., Appellant, v. ZURICH AMERICAN INSURANCE COMPANY et al., Respondents.

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

Decided February 26, 2009.

We agree with the trial court that Wells Fargo failed to carry its burden of establishing entitlement to the payment it seeks under the "Creditor Reimbursement for Environmental Damages Insurance" policy issued by Lumbermens Mutual Casualty Company. Notwithstanding Wells Fargo's insistence that, under policies such as this, payment is due by virtue of the borrower's default, this particular policy covers—in the event of a...

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