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  5. 43 N.Y.2d 977 (1978)
 

ST. PAUL FIRE & MARINE INS. CO. v. UNITED STATES FID. & GUAR. CO.

43 N.Y.2d 977 (1978)

St. Paul Fire and Marine Insurance Company, Respondent, v. United States Fidelity and Guaranty Company, Appellant.

Court of Appeals of the State of New York.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Edward L. Milde, John J. Stewart and John J. Stewart, Jr., for appellant.

William F. Larkin for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Although an insurance company in exclusive control of its insureds' defense cannot be compelled to concede liability and settle a questionable claim before proof has been developed on all sides (e.g., Knoblock v Royal Globe Ins. Co., 38 N.Y.2d 471), the defendant in this case refused to settle...

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