FIRST JEFFERSONIAN ASSOCIATES v. INSURANCE COMPANY OF NORTH AMERICA


262 A.D.2d 133 (1999)

691 N.Y.S.2d 506

FIRST JEFFERSONIAN ASSOCIATES, Respondent, v. INSURANCE COMPANY OF NORTH AMERICA et al., Appellants.

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

Decided June 15, 1999.


No issues of fact exist as to whether defendant was obligated to defend plaintiff at the outset of the underlying action, and, inasmuch as defendant's subsequent offer to defend was conditioned on a reservation of rights with respect to its obligation to indemnify, plaintiff was at all times entitled to counsel of its own choosing, and to reimbursement of the reasonable cost thereof (see, Public Serv. Mut. Ins. Co. v Goldfarb, 53 N.Y.2d 392

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