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MTB BANK-IN-LIQUIDATION v. LLOYD'S UNDERWRITERS OF DIRECTORS, OFFICERS AND COMPANY LIABILITY POLICY NO. FD0249400

7 A.D.3d 276 (2004)

776 N.Y.S.2d 789

MTB BANK-IN-LIQUIDATION, Appellant, v. LLOYD'S UNDERWRITERS OF DIRECTORS, OFFICERS AND COMPANY LIABILITY POLICY NO. FD0249400, Respondent.

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

May 6, 2004.

In 1997, an officer of plaintiff became a target of a federal grand jury investigation. The following year, a criminal information charged unnamed officers of plaintiff with participating in a fraudulent scheme. Taking the plain and ordinary meaning of the contract terms (McGrail v Equitable Life Assur. Socy., 292 N.Y. 419, 424 [1944]) within the four corners of the insurance policy (W.W.W. Assoc. v Giancontieri,

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