GEN ACC INS CO v. US FID CO


193 A.D.2d 135 (1993)

General Accident Insurance Company, Appellant-Respondent, v. United States Fidelity and Guarantee Insurance Company, Respondent-Appellant

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

October 21, 1993


Attorney(s) appearing for the Case

Kelleher & Flink, Latham (Arieh Mezoff and Edward B. Flink of counsel), for appellant-respondent.

Roemer & Featherstonhaugh, P. C., Albany (Randall J. Ezick and Scott M. Andersen of counsel), for respondent-appellant.

MIKOLL, J. P., YESAWICH JR. and CREW III, JJ., concur.


CASEY, J.

Plaintiff, an insurer which defended its insured in the underlying action after failing to give timely notice of disclaimer based upon an exclusion in its policy and paid the resulting judgment against the insured, seeks to recover all or part of its expenditure on behalf of the insured from defendant, an insurer which failed to comply with plaintiff's demands that defendant assume the defense of the...

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