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HOTEL DES ARTISTES v. GAIC

9 A.D.3d 181 (2004)

775 N.Y.S.2d 262

HOTEL DES ARTISTES, INC., Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Respondent.

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

April 15, 2004.

Attorney(s) appearing for the Case

Heller Ehrman White & McAuliffe LLP (Edward M. Joyce, Lisa M. Cirando and E. Joshua Rosenkranz of counsel), for appellant.

Joseph C. Scibilia & Associates (Joseph C. Scibilia of counsel), for respondent.

TOM, J.P., SAXE and WILLIAMS, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

The primary issue on this appeal is whether an insurer has a duty to defend its insured against claims in an underlying action that fall within the embrace of a commercial general liability (CGL) policy issued by the insurer, notwithstanding the fact that the insured's legal liability arises in contract, not tort. In addition, we must decide whether an insured is entitled to recover...

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