FELIBERTY v. DAMON


72 N.Y.2d 112 (1988)

Mario Feliberty, Appellant, v. Mason D. Damon et al., Defendant, and Medical Malpractice Insurance Association, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1988.


Attorney(s) appearing for the Case

Edward G. Galian and Sidney Siller for appellant.

Andrew D. Merrick and Judith Treger Shelton for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., taking no part.


KAYE, J.

This appeal, in an action by an insured against his insurer, concerns two issues relating to an insurer's duty to defend litigation brought by a third party against the insured: first, settlement of the litigation by the insurer, and second, responsibility for malpractice of counsel retained for the insured. As to both, we conclude that on this record the complaint against the insurer was correctly dismissed...

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