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THE PURDUE FREDERICK COMPANY v. STEADFAST INSURANCE COMPANY

40 A.D.3d 285 (2007)

836 N.Y.S.2d 28

THE PURDUE FREDERICK COMPANY et al., Appellants, v. STEADFAST INSURANCE COMPANY et al., Respondents, et al., Defendant.

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

Decided May 8, 2007.

The court relied on two separate grounds for finding that defendants Gulf Underwriters and National Union Fire did not owe plaintiffs a duty to defend or indemnify them in the underlying litigation. In addition to finding that the underlying claims did not fall within the "malicious prosecution" provision of the insurance policies, the court noted that "National and Gulf would not be required to defend in any event, as their policies...

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