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AVIS RENT-A-CAR, INC. v. CENTENNIAL INS. CO

Appellate Division of the Supreme Court of New York, First Department.
Jun 6, 1989

Plaintiff-respondent Avis Rent-A-Car concedes that the calculation by the Supreme Court was incorrect and that the amount of its indemnification by defendant-appellant Centennial Insurance Company should properly be $450,000, which sum is obtained by deducting the amount of the primary insurance policy, or $200,000, from the cost of the settlement of $650,000, resulting in excess coverage of $450,000 on the operator. We have considered defendant's other arguments and find them to be without merit.

Concur — Murphy P.J., Sullivan, Carro, Milonas and Smith, JJ.