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FIELDSTON PROPERTY OWNERS ASSOCIATION, INC. v. HERMITAGE INS. CO. INC.

No. 19.

16 N.Y.3d 257 (2011)

FIELDSTON PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, v. HERMITAGE INSURANCE COMPANY, INC., Respondent, and FEDERAL INSURANCE COMPANY, Sued Herein as CHUBB GROUP OF INSURANCE COMPANIES, Appellant. (Action No. 1.) HERMITAGE INSURANCE COMPANY, INC., Respondent, v. FIELDSTON PROPERTY OWNERS ASSOCIATION, INC., et al., Defendants, and FEDERAL INSURANCE COMPANY, Appellant. (Action No. 2.)

Court of Appeals of New York.

Decided February 24, 2011.

Attorney(s) appearing for the Case

Hogan & Hartson LLP ( Jonathan A. Constine , of the District of Columbia bar, admitted pro hac vice, of counsel), and Hogan & Hartson LLP, New York City ( Katherine M. Bolger and Rachel F. Strom of counsel), for appellant.

Gold, Stewart, Kravatz, Benes & Stone, LLP, Westbury ( Jeffrey B. Gold , James F. Stewart and Max W. Gershweir of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal involves two declaratory judgment actions relating to a dispute between two insurers—Hermitage Insurance Company, Inc. (Hermitage) and Federal Insurance Company (Federal)*—over their respective responsibility for the cost of defending Fieldston Property Owners Association, Inc. (Fieldston), the insurers' mutual insured...

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