Commerce & Industry Insurance v. Kerby Saunders, Inc.

Order, Supreme Court, New York County (Harold Tompkins, J.), entered October 29, 1990, which, to the extent appealed from, denied plaintiffs motion for summary judgment, unanimously affirmed, with costs.

Plaintiff provided two insurance policies to defendant-respondent and other related parties, one for general liability and the other for Workers’ Compensation. There is no dispute that defendant owes a premium of approximately $63,000 for the Workers’ Compensation policy, the only fact in contention being the rate charged for the general liability policy. Although the typewritten policy sets…