NATIONAL RESTAURANTS MANAGEMENT, INC. v. EXECUTIVE RISK INDEMNITY INC.


304 A.D.2d 387 (2003)

758 N.Y.S.2d 624

NATIONAL RESTAURANTS MANAGEMENT, INC., et al., Appellants, v. EXECUTIVE RISK INDEMNITY, INC., Respondent.

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

Decided April 10, 2003.


The underlying action was brought by shareholders in plaintiff corporation and alleged that plaintiffs participated in a scheme to secure the shareholders' stock for little or no consideration and convey it to plaintiff president. The instant action is the result of defendant insurer's refusal to defend plaintiffs against this claim. While the disclaimer was based on the fact that the underlying action sought only injunctive relief, not money damages, it also included an...

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