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ACE FIRE UNDERWRITERS INSURANCE COMPANY v. ORANGE- ULSTER BOARD OF COOPERATIVE EDUCATIONAL SERVICES

1 A.D.3d 543 (2003)

768 N.Y.S.2d 486

ACE FIRE UNDERWRITERS INSURANCE COMPANY, Appellant-Respondent, v. ORANGE- ULSTER BOARD OF COOPERATIVE EDUCATIONAL SERVICES, Defendant and Third-Party Plaintiff-Respondent, and WILLIAM J. BASSETT et al., Respondents. NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, PA., et al., Third-Party Defendants-Respondents-Appellants.

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

November 24, 2003.

Ordered that the judgment is modified by (1) deleting the provision thereof declaring that the plaintiff is obligated to provide primary insurance coverage to the defendants in the underlying action and substituting therefor a provision declaring that the plaintiff is not obligated to defend or indemnify the defendants in the underlying action, (2) deleting the provision thereof awarding legal fees and expenses to the defendants and substituting therefor a provision declaring...

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