CITY OF NEW YORK v. ZURICH-AMERICAN INSURANCE GROUP


27 A.D.3d 609 (2006)

811 N.Y.S.2d 773

CITY OF NEW YORK, Respondent, v. ZURICH-AMERICAN INSURANCE GROUP, Appellant.

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

March 21, 2006.


Ordered that the order is affirmed, with costs.

In an underlying action to recover damages for sexual assault, the plaintiff, City of New York, sought defense and indemnification as an additional insured under a policy issued by the defendant, Zurich-American Insurance Group (hereinafter Zurich), to the City's codefendant, Varsity Transit, Inc. (hereinafter Varsity). Zurich provided counsel for Varsity, but ignored the City...

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