AGOADO REALTY CORP. v. UNITED INTERNATIONAL INSURANCE COMPANY


288 A.D.2d 145 (2001)

733 N.Y.S.2d 407

AGOADO REALTY CORP. et al., Respondents, v. UNITED INTERNATIONAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided November 27, 2001.


Plaintiff insureds are landlords and are sued in the underlying action for negligence. A homicide occurred in their building and it is alleged that the homicide's perpetrator gained entrance to the building by reason of plaintiffs' failure to maintain the building's security systems. Defendant insurer has disclaimed responsibility for plaintiffs' defense in the underlying action, claiming that its obligations under the liability policy at issue are excused by plaintiffs'...

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