CHUNG v. PHYSICIANS RECIPROCAL INSURERS


221 A.D.2d 907 (1995)

635 N.Y.S.2d 386

Kwan H. Chung, Appellant, v. Physicians Reciprocal Insurers, Respondent. (Appeal No. 1.)

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

November 15, 1995


Judgment reversed on the law without costs, cross motion denied, motion granted and judgment granted in accordance with the following Memorandum: Supreme Court erred in granting summary judgment in favor of defendant, declaring that defendant has no duty to defend plaintiff, Kwan H. Chung, M.D., in the underlying action. The duty to defend is broader than the duty to indemnify and, "[i]f the complaint contains any facts or allegations which bring the claim even potentially...

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