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JAMAICA PUBLIC SERVICE CO. LTD. v. LA INTERAMERICANA COMPANIA DE SEGUROS GENERALES S.A.

276 A.D.2d 374 (2000)

715 N.Y.S.2d 3

JAMAICA PUBLIC SERVICE CO. LTD., Appellant-Respondent, v. LA INTERAMERICANA COMPANIA DE SEGUROS GENERALES S. A., Respondent-Appellant, et al., Defendants (And Other Actions.)

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

Decided October 19, 2000.

The present record does not support an estoppel against defendant's asserting that the loss was caused by a fuel explosion subject to the all-risks section of the subject policy, contrary to defendant's original position that the loss was caused by rear wall tube fractures subject to the larger boiler coverage section of the policy. If plaintiff chose not to continue its own investigation of the loss because it believed that defendant's agreement to test the tubes and provide...

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