Delaware Otsego Corp. v. Niagara Fire Insurance

Appeals (1) from an order of the Supreme Court (Ingraham, J.), entered July 8, 1992 in Otsego County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.

Plaintiff, a corporation that owns, runs and maintains railway lines as part of its business, brought this action to compel payment of certain claims pursuant to a comprehensive railroad liability insurance policy issued to it by defendant in early 1988. The policy, for which plaintiff paid a premium of $317,500, provides coverage for claims arising out…