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RELIANCE GROUP v. NATL. UNION

188 A.D.2d 47 (1993)

Reliance Group Holdings, Inc., et al., Respondents-Appellants, v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., Appellants-Respondents

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

March 2, 1993

Attorney(s) appearing for the Case

Eric J. Lobenfeld of counsel (Gregory P. Candela with him on the brief; Eric J. Lobenfeld and Andrew B. Donnellan, Jr., attorneys), for respondents-appellants.

Robert E. Kushner of counsel (Kenneth A. Sagat, Andrew R. Simmonds and Jeffrey J. Diecidue with him on the brief; D'Amato & Lynch, attorneys), for National Union Fire Insurance Company of Pittsburgh, Pa., appellant-respondent.

Michael L. Anania of counsel (Victor G. Gleser, Patrick J. Sullivan and Raquel S. Colby with him on the brief; Ford Marrin Esposito Witmeyer & Gleser, attorneys), for Continental Casualty Company, appellant-respondent.

SULLIVAN, J. P., and WALLACH, J., concur with CARRO, J.; MILONAS and KUPFERMAN, JJ., dissent in part in an opinion by MILONAS, J.

CARRO, J.

Plaintiff Saul Steinberg is a director and the CEO of plaintiff Reliance Group Holdings, Inc., and together with his family members owns 100% of Reliance's stock. In 1982, Reliance obtained directors and officers (D&O) liability and indemnity insurance under three separate policies — a primary policy issued by defendant National Union insuring losses to Reliance of up to $20 million arising...

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