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GREENPOINT BANK v. TWIN CITY FIRE INSURANCE COMPANY

7 A.D.3d 569 (2004)

775 N.Y.S.2d 894

GREENPOINT BANK, Appellant, v. TWIN CITY FIRE INSURANCE COMPANY, Respondent, ET AL., Defendant.

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

May 10, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The duty to indemnify requires a determination that the insured is liable for a loss covered by the policy (see Servidone Constr. Corp. v Security Ins. Co. of Hartford, 64 N.Y.2d 419 [1985]; Lehrer McGovern Bovis v Halsey Constr. Corp., 254 A.D.2d 335 [1998]). Generally, the burden is on the insured to establish...

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