Simplexdiam, Inc. v. Brockbank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, P. J.
This is an appeal by an excess insurer affording $3.5 million of additional coverage, “excess of $500,000 each and every loss,” under a conventional all risks jewelers block insurance policy, from the denial of its motion for summary judgment dismissing the complaint for failure to show a loss in excess of the $500,000 threshold necessary to trigger its obligation to pay. The alleged insurable loss, calculated at $1,687,779, is based on an inventory loss that took place over a nine-month period.
Plaintiff Simplexdiam, Inc. (Simplex), a Manhattan-based…
2Cases cited7 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- County of Columbia v. Continental InsuranceNew York Court of Appeals · 1994
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Lavine v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1933
- Throgs Neck Bagels, Inc. v. GA InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
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- 40 Gardenville, LLC v. Travelers Property Casualty of AmericaDistrict Court, W.D. New York · 2005
- Kidalso Gas Corp. v. Lancer InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
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