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NORTH RIVER INS. CO. v. ECA WAREHOUSE CORP.

172 A.D.2d 225 (1991)

North River Insurance Company, Appellant, v. ECA Warehouse Corporation, Respondent

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

April 9, 1991

At issue in this action for a declaratory judgment is plaintiff insurer's duty pursuant to a warehouseman's liability insurance policy to defend defendant insured in a Nassau County action for breach of a contract of bailment and conversion. It is well established that an insurer's duty to defend arises where the allegations of the complaint against the insured fall within the scope of the risks undertaken by the insurer. (International...

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