STATE INSURANCE FUND v. HOME INSURANCE COMPANY


298 A.D.2d 247 (2002)

748 N.Y.S.2d 259

STATE INSURANCE FUND, Appellant, v. HOME INSURANCE COMPANY, Respondent.

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

Decided October 17, 2002.


No basis exists for estopping defendant from seeking the reimbursement of defense costs implicit in the declaration previously made in its favor. Even if, as plaintiff alleges, defendant's words or conduct caused it to believe that the two insurers would equally share the insured's defense costs, such belief could not have harmed or prejudiced plaintiff, or caused it to change its position, when at all relevant times it was legally obligated to pay all such costs, and it...

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