SUN OIL CO.
v.
DALZELL TOWING CO., INC.

U.S. | 1932-05-23
No. 874
286 U.S. 538 Supreme Court of the United States (1932) Positive Treatment
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  • …epted the risk only at higher premiums. See Continental Ins. Co. v. RLI Ins. Co., 161 A.D.2d 385, 388, 555 N.Y.S.2d 325 (1st Dep’t 1990); see also Solez v. Zurich General Accident & Liability Ins. Co., 54 F. 2d 523, 526 (2d Cir.1931), cert. granted, 286 U.S. 538, 52 S.Ct. 639, 76 L.Ed. 1277, cert. dismissed, 296 U.S. 668, 57 S.Ct. 756 (1932). Consequently, this issue obviously raises a question of fact not appropriately determined on a summary judgment motion. Nonetheless, that an undisclosed fact may hav…

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