INTERPUBLIC GROUP OF COMPANIES, INC. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH


8 A.D.3d 169 (2004)

779 N.Y.S.2d 78

THE INTERPUBLIC GROUP OF COMPANIES, INC., Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant, and GREAT AMERICAN INSURANCE COMPANY, Appellant.

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

June 22, 2004.


We reject the excess insurer's argument that it was a condition precedent to arbitration that the insured and primary insurer share the cost of the investigative specialist selected by the insured from the list of investigative specialists contained in the endorsement attached to the primary policy. The insured did exactly what the primary policy required by choosing from the list an investigative specialist who did not present a clear conflict of interest. Absent clear language...

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