SEDGWICK AVE. ASSOCS. v. INS. CO. OF THE STATE OF PENNSYLVANIA


203 A.D.2d 93 (1994)

610 N.Y.S.2d 39

Sedgwick Avenue Associates et al., Appellants, v. Insurance Company of the State of Pennsylvania, Respondent

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

April 12, 1994


The IAS Court properly concluded that defendant insurance company was not equitably estopped from disclaiming any further defense of the underlying action or indemnification of plaintiffs. Where there is no coverage under an insurance policy because the policy was not in existence at the time of the accident, estoppel cannot be used to create coverage (Nassau Ins. Co. v Manzione, 112 A.D.2d 408...

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