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STATE INS. v. PHOTOCIRCUITS

20 A.D.3d 173 (2005)

798 N.Y.S.2d 367

COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. PHOTOCIRCUITS CORPORATION, Appellant.

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

June 9, 2005.

Attorney(s) appearing for the Case

Arent Fox PLLC, New York City (David N. Wynn and Deanne M. Ottaviano of counsel), for appellant.

Gellis & Melinger, LLP, New York City (Jan Ira Gellis and Douglas J. Hayden of counsel), for respondent.

Law Offices of Ronald S. Pordy, New York City (Ronald S. Pordy and Mitchell B. Reiter of counsel), for Independent Insurance Agents and Brokers of New York, Inc., amicus curiae.

FRIEDMAN, SULLIVAN, NARDELLI and GONZALEZ, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

In this action for recovery of additional workers' compensation insurance premiums, defendant, Photocircuits Corporation, appeals the grant of summary judgment to the plaintiff, Commissioners of the State Insurance Fund (Fund). Defendant asserts that the Fund breached the express terms of its policy to investigate and defend claims. Plaintiff responds that defendant is...

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