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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47232 Judge Baer CERTAIN UNDERWRITERS at Lloyd’s London, one of three insurance carriers sued by plaintiffs, moved to dismiss a complaint in which plaintiffs sought a declaration that business-interruption losses were covered under an insurance policy, that the policy was in effect, and that defendants breached this contract when they denied plaintiffs’ claim for business-interruption losses. Defendant contended that plaintiffs’ claims against it must be dismissed on the ground that plaintiffs have failed to sue the “Names” or syndicate members who assumed the portion of the risk on the policy at issue and instead have improperly sued defendant corporation, which does not issue, write or sell insurance and does not take part in adjusting insurance claims. The court denied defendant’s motion, finding that plaintiffs alleged the existence of a contract and while the document they produced leaves several significant questions unanswered, it supports plaintiffs’ allegation that defendant was a party to that contract.

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