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HIGH POINT DESIGN, LLC v. LM INS. CORP.

Docket No. 16-1446-cv August Term, 2016.

911 F.3d 89 (2018)

HIGH POINT DESIGN, LLC, Plaintiff-Appellee, v. LM INSURANCE CORPORATION, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2018.

Attorney(s) appearing for the Case

MARSHALL T. POTASHNER , Jaffe & Asher LLP ( Bension D. DeFunis , on the brief), New York, N.Y., for Defendants-Appellants LM Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation.

RICHARD S. SCHURIN , Stern & Schurin LLP ( Steven Stern , on the brief), Garden City, N.Y., for Plaintiff-Appellee High Point Design, LLC.

Judge Newman concurs in part and in the result, and files a separate concurring opinion.

High Point Design, LLC sought a defense from its insurer pursuant to the terms of insurance policies providing coverage for advertising injuries. The insurers, LM Insurance Corporation, Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation (collectively, "Liberty"), refused to provide a defense on the ground...

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