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RUDER & FINN v. SEABOARD SUR

52 N.Y.2d 663 (1981)

Ruder & Finn Incorporated, Appellant-Respondent, v. Seaboard Surety Company, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1981.

Attorney(s) appearing for the Case

Stuart C. Sloame and Abraham J. Backenroth for appellant-respondent.

Robert M. Callagy, James F. Rittinger and George L. Mahoney for respondent-appellant.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.

FUCHSBERG, J.

Plaintiff Ruder & Finn, a public relations firm and the insured under a so-called "Libel Policy",1 seeks to recover for the attorneys' fees and disbursements it incurred in the successful defense of two suits which its insurer, defendant Seaboard Surety Company, disclaiming coverage, refused to defend. The issue boils down to whether the allegations of fact or legal...

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