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NEWFANE v. GENERAL STAR INS.

14 A.D.3d 72 (2004)

784 N.Y.S.2d 787

TOWN OF NEWFANE, Respondent, v. GENERAL STAR NATIONAL INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

November 19, 2004.

Attorney(s) appearing for the Case

Underberg & Kessler LLP, Buffalo (Colin D. Ramsey of counsel), for General Star National Insurance Company, appellant.

Brown & Kelly, LLP, Buffalo (Lisa T. Sofferin of counsel), for Selective Insurance, appellant.

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Howard S. Rosenhoch of counsel), for respondent.

Pigott, Jr., P.J., Green, Hurlbutt and Martoche, JJ., concur.

OPINION OF THE COURT

KEHOE, J.

In this matter of apparent first impression in this state, we are called upon to determine when, for purposes of invoking insurance coverage in an underlying action, the insured's alleged underlying act of malicious prosecution is deemed to have occurred — on the date on which the criminal prosecution was instituted, or on the date on which it was terminated in favor of the accused. We conclude that the tort was committed...

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