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NAGDEMAN & COMPANY, INC. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

262 A.D.2d 58 (1999)

689 N.Y.S.2d 633

NAGDEMAN & COMPANY, INC., Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent.

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

Decided June 8, 1999.

We agree with the IAS Court that the claims in the underlying action against plaintiff herein sound in breach of contract and not libel. Accordingly, as it is undisputed that the subject contract of insurance issued by defendant does not provide plaintiff with liability coverage for contract claims, the complaint seeking to compel defendant to defend and indemnify plaintiff in the underlying action was properly...

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