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GREAT AMERICAN INSURANCE CO. v. L. KNIFE & SON, INC.

7596N. 157164/13.

166 A.D.3d 444 (2018)

85 N.Y.S.3d 872

2018 NY Slip Op 07672

Great American Insurance Company of New York, Appellant, v. L. Knife & Son, Inc, et al., Respondents-Appellants. L. Knife & Son, Inc, et al., Third-Party Plaintiffs-Respondents-Appellants, v. TGA Cross Insurance, Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided November 13, 2018.

Discovery has not resolved the questions of fact outlined by this Court in a prior decision in this insurance coverage dispute (138 A.D.3d 531 [1st Dept 2016]). Rather, the record presents triable issues with respect to whether defendants or their broker made any misrepresentation about the total insurable value of the property and the value of the contents of the property, whether plaintiff...

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