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St. Paul Fire and Marine Insurance Co. v. 111 Tenants Corp.

Costs are not covered by ?all risks' policy, which excludes losses caused by deterioration.

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Judge Lynch

ST. PAUL FIRE AND MARINE INSURANCE CO. v. 111 TENANTS CORPORATION Plaintiff St. Paul Fire and Marine Insurance Company (St. Paul) seeks a declaratory judgment that the costs incurred by defendant 111 Tenants Corporation (the co-op) in replacing the gas distribution system in its cooperative apartment building at 111 East 75th Street in Manhattan are not covered by the co-ops all risks policy with St. Paul. The co-op counterclaims for the amount it expended on the replacement. The parties have cross-moved for summary judgment. Because the losses here come within the policys exclusion for losses arising from deterioration of covered property, St. Pauls motion will be granted.

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