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AIU INSURANCE COMPANY v. INVESTORS INSURANCE COMPANY

17 A.D.3d 259 (2005)

793 N.Y.S.2d 412

AIU INSURANCE COMPANY et al., Appellants, v. INVESTORS INSURANCE COMPANY, Respondent.

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

April 26, 2005.

Defendant, which directly insured Arnell, did not receive any notice of the underlying accident for five years. AIU Insurance, which also insured Arnell under a "wrap-up" policy issued to plaintiff New York City School Construction Authority, undertook the costs of defense of the personal injury lawsuit. AIU made a demand to defendant to coinsure Arnell after the litigation had been ongoing for four years.

While an insurer...

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