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ZURICH INS. CO. v. LUMBERMEN'S CAS. CO.

233 A.D.2d 186 (1996)

649 N.Y.S.2d 660

Zurich Insurance Company, Respondent, v. Lumbermen's Casualty Company, Appellant

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

November 14, 1996

The motion court properly determined that Lumbermen's was estopped from disclaiming liability on the contractual indemnification claim given the insurer's delay in doing so and its failure to adequately explain the basis for the disclaimer (see, Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028, 1030). Lumbermen's acknowledged, in April and June of 1991, its duty to defend in...

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