NUTMEG INSURANCE COMPANY v. ROSEN


256 A.D.2d 759 (1998)

683 N.Y.S.2d 593

NUTMEG INSURANCE COMPANY, Respondent, v. WILLIAM ROSEN, as Town Attorney for the Town of Delaware, et al., Appellants, et al., Defendants.

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

Decided December 10, 1998.


Peters, J.

This appeal arises in the context of a declaratory judgment action originally brought to determine whether plaintiff had the obligation to defend and indemnify defendants in an underlying Federal action pursuant to a policy of public entity liability insurance. That action was commenced prior to this Court's determination in Curtis v Nutmeg Ins. Co. (204 A.D.2d 833,...

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