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MATTER OF IDEAL MUT. INS. CO. v. SUPERINTENDENT OF INS.

243 A.D.2d 348 (1997)

663 N.Y.S.2d 173

In the Matter of the Liquidation of Ideal Mutual Insurance Company. New York City Housing Authority, Appellant-Respondent, v. Superintendent of Insurance, as Liquidator of Ideal Mutual Insurance Company, Respondent-Appellant

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

October 21, 1997

Contrary to the finding of the IAS Court, the subject policy does contain a provision specifically requiring the insurer to pay the insured's attorneys' fees, costs and disbursements, namely, the endorsement entitled "Retention", under which the insured was to be liable for losses exceeding $100,000 per occurrence to the extent of such excess, "loss" being defined as including "all loss adjustment expense and legal fees", and we...

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