AM. HOME ASSURANCE CO. v. DIAMOND TOURS & TRAVEL, INC.


78 A.D.2d 801 (1980)

American Home Assurance Company, Appellant, v. Diamond Tours & Travel, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1980


Unanimously reversed, on the law, with costs and disbursements, defendants' motion for summary judgment denied, and plaintiff granted summary judgment to the extent of declaring that plaintiff has no duty to defend or indemnify the defendants with respect to the underlying collateral class action.

Customers of defendant Diamond Tours & Travel, Inc., commenced a class action against Diamond because of gross misrepresentations by Diamond with respect to a charter...

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