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A.J. PEGNO CONSTRUCTION CORP./TULLY CONSTRUCTION CO., INC. v. HIGHLANDS INSURANCE COMPANY

39 A.D.3d 273 (2007)

834 N.Y.S.2d 109

A.J. PEGNO CONSTRUCTION CORP./TULLY CONSTRUCTION CO., INC., a Joint Venture, Respondent, v. HIGHLANDS INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided April 10, 2007.

The judgment declared that "the Highlands primary liability insurance policy and the Highlands umbrella liability insurance policy ... issued to Budco Enterprises, Inc. afford liability insurance coverage to Pegno for the claims against Pegno in the underlying Power action." Highlands, a Texas-based insurer that writes policies in all 50 states, moved to stay this declaratory judgment action on the ground that in November...

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