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QBE INSURANCE CORPORATION v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

8958, 116004/10.

102 A.D.3d 442 (2013)

958 N.Y.S.2d 103

2013 NY Slip Op 42

QBE INSURANCE CORPORATION et al., Appellants, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided January 8, 2013.

The underlying personal injury action was commenced by an employee of defendant 33rd Street Bakery, a tenant in a building owned by Dierks. PSM issued a commercial general liability (CGL) policy to the Bakery, and in accordance with the lease, Dierks was listed as an additional insured. Dierks also had its own CGL policy issued by plaintiff QBE Insurance Corporation.

PSM's disclaimer, based on the "Intra-Insured" Exclusion which excludes defense and indemnification...

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