225 E. 57TH ST. OWNERS, INC. v. GREATER NEW YORK MUT. INS. CO.


187 A.D.2d 360 (1992)

225 East 57th Street Owners, Inc., Respondent, v. Greater New York Mutual Insurance Company, Appellant

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

November 19, 1992


There exists a genuine conflict of interest between defendant insurer and plaintiff insured arising from defendant's claim that plaintiff's conduct, forming the basis of the other action, may have been intentional and, thus, outside the scope of the stated coverage under the policy. Where the insurer's interest in defending the lawsuit may be in conflict with the insured's interest, the insured is entitled to defense by an attorney...

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