AETNA CAS. & SUR. CO. v. ITT HARTFORD INS. CO.


249 A.D.2d 241 (1998)

672 N.Y.S.2d 310

Aetna Casualty & Surety Company, Appellant, v. Itt Hartford Insurance Company et al., Respondents

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

April 30, 1998


Plaintiff commenced this action pursuant to Insurance Law § 3420 (b) to collect a default judgment entered against defendants' insured. Defendants, however, properly disclaimed coverage under the policy with their insured, which plaintiff now seeks to reach to satisfy its judgment, and plaintiff has failed to plead or prove a recurring failure by defendants constituting a deceptive business practice under General Business Law § 349

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