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PAVARINI CONSTRUCTION CO., INC. v. LIBERTY MUTUAL INSURANCE COMPANY

270 A.D.2d 98 (2000)

704 N.Y.S.2d 72

PAVARINI CONSTRUCTION CO., INC., et al., Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

Decided March 14, 2000.

"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." (79th Realty Co. v X.L.O. Concrete Corp., 247 A.D.2d 256.) The underlying complaint, which alleges bodily injury sustained by the primary insured's employee when he fell down a stairway, clearly...

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