VIGILANT INSURANCE COMPANY v. THE BEAR STEARNS COMPANIES, INC.


34 A.D.3d 300 (2006)

824 N.Y.S.2d 91

VIGILANT INSURANCE COMPANY et al., Plaintiffs and Counterclaim Defendants-Respondents-Appellants, v. THE BEAR STEARNS COMPANIES, INC., Defendant and Counterclaim Plaintiff-Appellant-Respondent.

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

Decided November 14, 2006.


The motion court properly found triable issues of fact as to whether defendant breached the insurance policies' provision which prohibited defendant from settling any claims or assuming any contractual obligations without plaintiffs' consent. The December 2002 settlement-in-principle was subject to the approval of the SEC and state regulatory authorities and required finalization of terms and documentation, so a trier of fact could find it was not a binding contract (see...

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