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INTERNATIONAL COURIERS CORPORATION v. NORTH RIVER INSURANCE COMPANY

44 A.D.3d 568 (2007)

844 N.Y.S.2d 253

INTERNATIONAL COURIERS CORPORATION et al., Respondents, v. NORTH RIVER INSURANCE COMPANY et al., Appellants-Respondents, and ASSURANCE INSURANCE COMPANY, Respondent-Appellant, et al., Defendants.

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

Decided October 30, 2007.

The possibility that North River's insured could be found liable for the injury to the plaintiff in the underlying action arising from a construction site accident establishes that the court properly declared that North River was required to defend plaintiffs in that action. The ultimate validity of the allegations in the underlying complaint is irrelevant inasmuch as "the duty to defend arises not from the probability of recovery, but from its possibility, no matter how...

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