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MUT. MARINE OFFICE v. ATWELL, VOGEL & STERLING

No. 77 Civ. 5574-KTD.

485 F.Supp. 351 (1980)

MUTUAL MARINE OFFICE, INC., and Employers Mutual Casualty Company, Plaintiffs, v. ATWELL, VOGEL & STERLING, INC., Defendant.

United States District Court, S. D. New York.

February 5, 1980.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiffs; Francis A. Montbach, New York City, of counsel.

Townley & Updike, New York City, for defendant; Richard R. Lutz, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

Plaintiffs, an insurance company and its underwriter, wrote and issued a "Difference in Conditions" insurance policy covering, among other things, flood damage at various locations owned by the Gladding Corp. including one warehouse in Oneonta, New York. The premium for such insurance was in excess of $35,000.

Defendant inspects premises for various insurance...

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