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  5. 64 N.Y.2d 419 (1985)
 

SERVIDONE CONSTR. v. SEC.

64 N.Y.2d 419 (1985)

Servidone Construction Corporation, Respondent, v. Security Insurance Company of Hartford, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 26, 1985.

Attorney(s) appearing for the Case

Robert L. Horkitz for appellant.

William J. Roberts for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and ALEXANDER concur.

KAYE, J.

Where an insurer breaches a contractual duty to defend its insured in a personal injury action, and the insured thereafter concludes a reasonable settlement with the injured party, is the insurer liable to indemnify the insured even if coverage is disputed? While disagreeing with the court below that the insurer must indemnify the insured irrespective of actual coverage, we hold that the burden is on...

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