Plaintiffs will not be heard to argue that the subject "builder's risk" policy provides only first-party coverage for damage to specified property, not third-party liability coverage for breach of contract claims, where they undertook the defense of the underlying action for breach of contract without reserving their right to assert noncoverage, and defendant as a result lost control of its own defense (see Schiff Assoc. v Flack,
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GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA v. METROPOLITAN STEEL INDUSTRIES, INC.
9 A.D.3d 254 (2004)
780 N.Y.S.2d 128
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA et al., Appellants, v. METROPOLITAN STEEL INDUSTRIES, INC., Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
July 1, 2004.
July 1, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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