FAIRMONT FUNDING LTD. v. UTICA MUTUAL INSURANCE COMPANY


264 A.D.2d 581 (1999)

694 N.Y.S.2d 389

FAIRMONT FUNDING LTD., Respondent, v. UTICA MUTUAL INSURANCE COMPANY, Appellant.

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

Decided September 9, 1999.


Insurance Law § 3420 (d) is inapplicable to insurance claims not based on "death or bodily injury" (Incorporated Vil. of Pleasantville v Calvert Ins. Co., 204 A.D.2d 689, 690; Kamyr, Inc. v St. Paul Surplus Lines Ins. Co., 152 A.D.2d 62, 67). The underlying judgment which plaintiff seeks to require defendant insurer to satisfy is for economic injury allegedly arising from misfeasance...

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