HOME INSURANCE COMPANY v. TODTMAN, NACHAMIE, SPIZZ & JOHNS, P. C.


288 A.D.2d 120 (2001)

733 N.Y.S.2d 394

HOME INSURANCE COMPANY, Formerly Known as HOME INSURANCE COMPANY OF INDIANA, Appellant, v. TODTMAN, NACHAMIE, SPIZZ & JOHNS, P. C., Formerly Known as TODTMAN, YOUNG, TUNICK, NACHAMIE, HENDLER & SPIZZ, P. C., Respondent. (And a Third-Party Action.)

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

Decided November 20, 2001.


The issue is whether, under the subject professional liability policy of insurance issued by plaintiff to defendant law firm, the consent of the named insured, defendant, was required for plaintiff to settle a claim. Since the insurance contract uses the terms "Named Insured" and "Insured" in an apparently interchangeable fashion, the actual meaning to be ascribed to the term, "the Insured," as it is used in the policy's "Consent to Settle" clause, remains ambiguous, and...

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