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APPALACHIAN INSURANCE COMPANY, Plaintiff, v. RIUNIONE ADRIATIC DI SICURATA et al., Defendants, CENTURY INDEMNITY COMPANY et al., Respondents, and GENERAL ELECTRIC COMPANY, Appellant.

We have held that a contract of liability insurance is "governed by the law of `the state which the parties understood was to be the principal location of the insured risk'" ( Certain Underwriters at Lloyd's, London v Foster Wheeler Corp., 36 AD3d 17, 22-23, affd 9 NY3d 928), that "where it is necessary to determine the law governing a liability insurance policy covering risks in multiple states, the state of the insured's domicile should be regarded as a proxy for the principal location of the insured risk" ( id. at 24) and that a corporate insured's domicile is the state of its principal place of business ( id. at 25). The contracts of liability insurance at issue here, which do not contain choice-of-law clauses and cover risks that are spread through multiple states, were purchased by GE, which, having obtained rulings in its favor as to its principal place of business ( see e.g. Gafford v General Elec. Co., 997 F2d 150, 161-163 [6th Cir 1993]; Northeast Nuclear Energy Co. v General Elec. Co., 435 F Supp 344, 347-348 [D Conn 1977]), is judicially estopped from denying that its principal place of business is New York ( see e.g. D L Holdings v Goldman Co., 287 AD2d 65, 71, lv denied 97 NY2d 611; Bankers Trustee Co. v First Mexican Acceptance Corp., 273 AD2d 81, 81, lv denied 95 NY2d 766). Accordingly, we find New York law controlling in this matter.

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APPALACHIAN INS. CO. v. DI SICURATA
(Mar 17, 2009)