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SOUTHWEST MARINE AND GENERAL INS. CO. v. PREFERRED CONTRACTORS INS. CO.

Motion No. M-1743.

143 A.D.3d 577 (2016)

2016 NY Slip Op 06884

39 N.Y.S.3d 441

SOUTHWEST MARINE AND GENERAL INSURANCE COMPANY et al., Respondents-Appellants, v. PREFERRED CONTRACTORS INSURANCE COMPANY, Appellant-Respondent, et al., Defendant.

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

Decided October 20, 2016.

PCIC, a Montana risk retention group, failed to show that the documentary evidence submitted in support of its motion to dismiss "resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff[s'] claim" (West 64th St., LLC v Axis U.S. Ins., 63 A.D.3d 471, 471-472 [1st Dept 2009] [internal quotation marks omitted]). While the additional insured endorsements at issue do not reference plaintiffs, plaintiffs...

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