FIREMEN'S INS. CO. OF WASHINGTON v. FED. INS. CO.


233 A.D.2d 193 (1996)

649 N.Y.S.2d 700

Firemen's Insurance Company of Washington, D. C., Appellant, v. Federal Insurance Company, Respondent

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

November 19, 1996


Certain allegations in the underlying action against the parties' common insured are covered by plaintiff's general liability policy and others by defendants' directors' and officers' liability policy. While plaintiff's "other insurance" clause provides it is primary unless another policy is also primary, defendant's provides that it is excess where the loss is covered by another policy. It is settled that a primary insurer has the obligation to defend without any entitlement...

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