ARCH INS. CO. v. OLD REPUBLIC INS. CO.

4255. 157377/13.

151 A.D.3d 534 (2017)

2017 NY Slip Op 04798

56 N.Y.S.3d 100

ARCH INSURANCE COMPANY, Respondent, v. OLD REPUBLIC INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided June 13, 2017.


The policy's conflicting self-insured retention (SIR) clause and private and non-contributory (PNC) endorsement cannot be reconciled as to Bovis, an additional insured. The PNC endorsement, which was added after the effective date of the policy containing the SIR clause and made effective retroactively, is controlling (see Kratzenstein v Western Assur. Co. of City of Toronto, 116 N.Y. 54, 57-58 [1889]). The clause expressly provides that it "modifies" the relevant...

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