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FEDERAL INS. CO. v. 603 WAREHOUSE ASSN

Appellate Division of the Supreme Court of New York, First Department.
Oct 29, 1998

The affidavit of plaintiff's officer, together with the supporting documentation, competently established the issuance of the policy to defendants and the amount of premium owed ( see, Family Coatings v. Michigan Mut. Ins. Co., 170 A.D.2d 816). Defendants' claim that a broker fraudulently induced them into switching policies was properly rejected by Appellate Term on the ground that there was no evidence that the broker was acting as plaintiff's agent ( cf, Incorporated Vil. of Pleasantville v. Calvert Ins. Co., 204 A.D.2d 689). Further disclosure cannot avail defendants.

Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.