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STV GROUP, INC. v. AM. CONT'L PROPS., INC.

234 A.D.2d 50 (1996)

650 N.Y.S.2d 204

STV Group, Inc., et al., Respondents, v. American Continental Properties, Inc., et al., Appellants, and National Union Fire Insurance Company of Pittsburgh, Pa., et al., Respondents

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

December 5, 1996

There is no merit to ACP's argument that its claim for the remaining proceeds of the policy is superior to that of Reliance because its judgment against an insured under the policy was obtained before National Union set aside such proceeds in the event Reliance is successful in its coverage dispute with National Union, which is the subject of a pending declaratory judgment action. An insurer may settle with less than all of the claimants...

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