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FEDERAL INSURANCE COMPANY v. NORTH AMERICAN SPECIALTY INSURANCE COMPANY

1985, 603926/05.

83 A.D.3d 401 (2011)

921 N.Y.S.2d 28

FEDERAL INSURANCE COMPANY, Individually and as Subrogee of Galaxy General Contracting Corp., Respondent, v. NORTH AMERICAN SPECIALTY INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

Decided April 5, 2011.

Defendant-appellant Allied World Assurance Company (U.S.) Inc., formerly known as Commercial Underwriters Insurance Company (CUIC), insured Galaxy Contracting Corp. (Galaxy) under a commercial general liability (CGL) policy with a limit of $1,000,000. Plaintiff-respondent Federal Insurance Company (Federal) provided Galaxy with excess coverage up to $10,000,000. In addition, pursuant to its contractual indemnity obligation, Galaxy purchased from CUIC, for the property owners...

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