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SHAYA B. PAC. LLC v. WILSON

38 A.D.3d 34 (2006)

827 N.Y.S.2d 231

SHAYA B. PACIFIC, LLC, Appellant, v. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP, Respondent.

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

December 19, 2006.

Attorney(s) appearing for the Case

Dinkes & Schwitzer, New York City (William Dinkes of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Thomas W. Hyland, Richard E. Lerner and Brett Scher of counsel), respondent pro se.

SCHMIDT, J.P., and RIVERA, J., concur with FISHER, J.; LIFSON, J., dissents in a separate opinion.

OPINION OF THE COURT

FISHER, J.

The principal issue presented on this appeal concerns whether a law firm, retained by a primary carrier to defend its insured in a pending action, has any obligation to investigate whether the insured has excess coverage available and, if so, to file a timely notice of excess claim on the insured's behalf.

I

On April 1, 2000, Kazimierz Golebiewski was seriously injured...

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