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UNITED STATES FIRE INS. CO. v. ACE AMERICAN INS. CO.

12260-304364/11, 12261, 84169/08

116 A.D.3d 579 (2014)

983 N.Y.S.2d 731

2014 NY Slip Op 2694

UNITED STATES FIRE INSURANCE COMPANY et al., Respondents, v. ACE AMERICAN INSURANCE COMPANY et al., Appellants. (And a Third-Party Action.)

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

Decided April 17, 2014.

The motion court correctly denied the FICA defendants' motion to dismiss the fourth cause of action. In or about May 2002, plaintiff Rose Trucking Corp. and defendant FICA Transportation entered into an agreement by which FICA was to transport Rose Trucking's trailers to supermarkets in the New York, New Jersey and Connecticut area. As part of this agreement, FICA Transportation agreed to provide $1 million of insurance coverage. The policy obtained by FICA named Rose Trucking...

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