THE SCOTTS COMPANY, LLC v. ACE INDEMNITY INSURANCE COMPANY


51 A.D.3d 445 (2008)

858 N.Y.S.2d 121

THE SCOTTS COMPANY, LLC, Appellant, v. ACE INDEMNITY INSURANCE COMPANY, Formerly Known as CIGNA INDEMNITY INSURANCE COMPANY, Formerly Known as NORTH STATE INSURANCE COMPANY, et al., Defendants, and PACIFIC EMPLOYERS INSURANCE COMPANY, Respondent.

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

Decided May 6, 2008.


Pursuant to a settlement agreement and release entered into in December 2000, plaintiff, in exchange for $325,000, released defendants from any and all past, present and future claims under insurance policies, whether known or unknown, issued by defendants. Four and a half years after executing the agreement and accepting the $325,000, plaintiff commenced this action to rescind the agreement. Plaintiff claims that the policy chart prepared by its agent, on which plaintiff...

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