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FEDERAL INS. CO. v. KOZLOWSKI

18 A.D.3d 33 (2005)

792 N.Y.S.2d 397

FEDERAL INSURANCE COMPANY, Appellant, v. L. DENNIS KOZLOWSKI, Respondent, et al., Defendants.

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

March 22, 2005.

Attorney(s) appearing for the Case

Hogan & Hartson L.L.P., Washington, DC (David J. Hensler [of the District of Columbia Bar, admitted pro hac vice], Paul B. Sweeney, David Newmann and Lorane F. Hebert of counsel), for appellant.

Anderson Kill & Olick, P.C., New York City (William G. Passannante, Jeffrey E. Glen, Alex D. Hardiman and Danielle Feldman of counsel), for respondent.

SAXE, J.P., FRIEDMAN, NARDELLI and WILLIAMS, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This is an appeal from an interlocutory judgment in defendant Kozlowski's favor, declaring that plaintiff Federal Insurance Company is obliged to defend him in a civil action alleging that he breached his duties as a fiduciary of pension plans under the Employee Retirement Income Security Act of 1974 (ERISA),1 and to pay his defense costs as and when incurred in two other separate legal proceedings...

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