ZURICH-AM INS v. ATL. MUT INS.


139 A.D.2d 379 (1988)

Zurich-American Insurance Companies, Appellant-Respondent, v. Atlantic Mutual Insurance Companies et al., Doing Business as The Atlantic Companies, Respondents-Appellants

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

August 18, 1988


Attorney(s) appearing for the Case

Ignatius John Melito of counsel (S. Dwight Stephens with him on the brief; Siff, Rosen & Parker, P. C., attorneys), for appellant-respondent.

Howard R. Cohen of counsel (Sidney Rosen with him on the brief; Bower & Gardner, attorneys), for respondents-appellants.

CARRO and MILONAS, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and ROSS, J., dissent in an opinion by MURPHY, P. J.


SULLIVAN, J.

In this coverage dispute between insurers which brings into play the well-settled principle that an insurer's duty to defend is broader than its duty to indemnify, Zurich-American Insurance Companies seeks a declaration that Atlantic Mutual and Centennial Insurance Company (collectively known as Atlantic) are obligated to join it in providing a defense to their mutual insureds, Theresa Bents and...

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