MUHLSTOCK & CO. v. ASSUR. CO.


117 A.D.2d 117 (1986)

George Muhlstock & Co., Respondent, v. American Home Assurance Company, Appellant

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

May 15, 1986


Attorney(s) appearing for the Case

Norman B. Arnoff of counsel (Linda K. Bernstein with him on the brief; Arnoff & Merin, P. C., attorneys), for appellant.

Carolyn L. Ziegler of counsel (Flemming, Zulack & Williamson, attorneys), for respondent.

KUPFERMAN, J. P., SULLIVAN, CARRO and ASCH, JJ., concur.


FEIN, J.

Plaintiff, a firm of accountants, was insured by defendant under an accountants' liability policy. When plaintiff was made a defendant in a class action suit in Federal court, it called upon defendant to defend in that action. Defendant declined to do so. Plaintiff defended and then settled the class action. It brought this action against the insurer to recover the amounts paid in settlement of the...

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