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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46928 Judge Lynch CHILDREN’S DISCOVERY Centers and Knowledge Universe (Children’s Discovery) ran a day care center at the World Trade Center, which was destroyed by the Sept. 11, 2001 terrorist attacks. On that day, because of a transition in insurance coverage, both plaintiff Philadelphia Indemnity Insurance Co. and defendant Employers Insurance Co. of Wausau insured Children’s Discovery for property damage. The parties jointly paid Children’s Discovery’s claim and now disputed the proper allocation of liability. The court granted defendant’s motion for summary judgment, noting that New York law clearly establishes that, in these circumstances, the insurers must pay the claim on a pro rata basis in proportion to their respective liability limits. The court added that New York law does not authorize departure from the rule of ratable construction based on the parity or disparity in premiums.

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