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CITY OF NEW YORK v. ZURICH AMERICAN INSURANCE COMPANY

39 A.D.3d 239 (2007)

834 N.Y.S.2d 105

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

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

Decided April 5, 2007.

The stipulation discontinuing the underlying personal injury claims against defendant's primary insured is not dispositive of defendant's duty to defend plaintiff as an additional insured under the policy. "[T]he duty of an insurer to defend is broader than its duty to indemnify" (Agoado Realty Corp. v United Intl. Ins. Co., 95 N.Y.2d 141, 145 [2000]). While the stipulation upon which defendant relies precludes any further claim...

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