CONTINENTAL CASUALTY COMPANY v. NATIONWIDE INDEMNITY COMPANY


16 A.D.3d 353 (2005)

792 N.Y.S.2d 434

CONTINENTAL CASUALTY COMPANY et al., Respondents, v. NATIONWIDE INDEMNITY COMPANY et al., Defendants, and MARY O'REILLY et al., Appellants.

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

March 31, 2005.


Defendant claimants' counterclaim for violation of General Business Law § 349 alleges that plaintiff insurers have repeatedly misrepresented the meaning of their standard comprehensive general liability policies, both to the businesses they sold the policies to, including the dissolved insulation contractor, and to defendants themselves, and that defendants sustained injury as a direct result of such misrepresentations. These allegations, liberally construed, at best...

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