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METROPOLITAN TRANSPORTATION AUTHORITY v. ZURICH AMERICAN INSURANCE COMPANY

1865, 1865A, 603299/07

68 A.D.3d 610 (2009)

2009 NY Slip Op 9517

891 N.Y.S.2d 376

METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Respondent.

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

Decided December 22, 2009.

Defendant excess insurer issued a follow-form policy, which incorporated the terms and conditions of an underlying $1 million general liability insurance policy to the extent not contradicted by the excess policy's express terms (see Vigilant Ins. Co. v Bear Stearns Cos., Inc., 10 N.Y.3d 170, 177 [2008]). Here, the underlying policy provided that additional insureds, such as plaintiffs, would be covered up to the lesser of the policy...

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