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CERTAIN UNDERWRITERS AT LLOYD'S, LONDON v. U.S. ADJ CORP.

29 A.D.3d 335 (2006)

814 N.Y.S.2d 607

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, Respondents, v. U.S. ADJUSTMENT CORP. et al., Appellants.

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

May 4, 2006.

Material issues of fact preclude summary judgment. These factual issues include, inter alia, whether an oral contract existed between plaintiff and defendant claims supervisor, when defendants received the summons and complaint in the underlying action, why there was delay in responding to the underlying action, when counsel was retained in the underlying action, why counsel did not raise the lack of coverage issue in the underlying...

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