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UTICA FIRST INSURANCE COMPANY v. FLOYD HOLDING, INC.

5 A.D.3d 762 (2004)

774 N.Y.S.2d 565

UTICA FIRST INSURANCE COMPANY, Respondent, v. FLOYD HOLDING, INC., Defendant and Third-Party Plaintiff-Respondent. RVI INSURANCE AGENCY, INC., Third-Party Defendant-Appellant.

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

March 29, 2004.

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

Utica First Insurance Company (hereinafter Utica) commenced this action seeking, inter alia, a judgment declaring that, based on material misrepresentations in an application for insurance made by Floyd Holding, Inc. (hereinafter Floyd), it was not required to defend and indemnify Floyd in the underlying lawsuit. In addition to Floyd, Utica's complaint named Floyd's insurance broker...

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