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79TH REALTY CO. v. X.L.O. CONCRETE CORP.

247 A.D.2d 256 (1998)

668 N.Y.S.2d 599

79TH Realty Co. et al., Appellants-Respondents, v. X.L.O. Concrete Corporation et al., Defendants, and Assicurazioni Generali S.P.A., Respondent-Appellant

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

February 10, 1998

An insurer's duty to defend is broader than the duty to indemnify and arises where the allegations of the complaint against the insured fall within the scope of the risks undertaken by the insurer (North Riv. Ins. Co. v ECA Warehouse Corp., 172 A.D.2d 225). Here, since the complaint in the underlying personal injury action contains allegations against both the general contractor and the...

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