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HOLLIS PARK MANOR NURSING v. LANDMARK AME. INS.

Case No. 09-CV-810 (FB)(RLM).

803 F.Supp.2d 205 (2011)

HOLLIS PARK MANOR NURSING HOME, Plaintiff, v. LANDMARK AMERICAN INSURANCE COMPANY, Defendant.

United States District Court, E.D. New York.

July 21, 2011.

Attorney(s) appearing for the Case

Joseph Zelmanovitz, Stahl & Zelmanovitz, New York, NY, for the Plaintiff.

Frederick J. Wilmer, Karen L. Zdanis, Kissel, Pesce, Hirsch & Wilmer LLP, Tarrytown, NY, for the Defendant.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge.

These cross-motions for summary judgment concern how to interpret the word "derivative" in the directors' and officers' liability policy (the "Policy") Hollis Park Manor Nursing Home ("Hollis Park") purchased from Landmark American Insurance Company ("Landmark"). The Policy contained two exclusions from coverage, one for "malpractice" and another for...

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