LABATT BREWING COMPANY LIMITED v. ZURICH INSURANCE COMPANY


281 A.D.2d 363 (2001)

723 N.Y.S.2d 17

LABATT BREWING COMPANY LIMITED, Appellant, v. ZURICH INSURANCE COMPANY, Respondent.

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

Decided March 29, 2001.


The IAS court correctly determined that the subject insurance policy providing umbrella and excess coverage did not obligate defendant insurer to defend plaintiff insured in an underlying action for false advertising or to reimburse plaintiff for its attorneys' fees in defending such action. Because there was primary insurance covering the claims against plaintiff, the umbrella coverage portion of the policy, which required defendant to provide a defense, was not implicated...

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