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LIBERTY SURPLUS INS. CORP. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA.

113296/07.

2008 NY Slip Op 51653 (U)

LIBERTY SURPLUS INSURANCE CORPORATION, HOME PROPERTIES APPLE HILL, LLC, and HOME PROPERTIES INC., Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., and MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA, Defendants.

Supreme Court of the State of New York, New York County.

Decided August 4, 2008.

Attorney(s) appearing for the Case

Marshall Potashner, Jaffe & Asher LLP, New York, NY, Plaintiff.

Timothy D. Kevane, Sedgwick, Detert, Moran & Arnold LLP, New York, NY, Defendant — National Union Fire Insurance Company of Pittsburgh, PA.

Charles Booth, Ford Marrin Esposito Witmeyer & Gleser LLP, New York, NY, Defendant — Mitsui Sumitomo Insurance Company of America.

JUDITH J. GISCHE, J.

This action arises from a dispute involving insurance coverage. Plaintiffs claims that defendants Mitsui Sumitomo Insurance Company of America ("Mitsui") and National Union Fire Insurance Company of Pittsburgh, Pa. ("National Union") wrongly refused to acknowledge plaintiffs Home Properties Apple Hill ("Apple Hill") and Home Properties, Inc. ("Home Properties") as additional insureds under certain insurance policies and failed to defend and indemnify...

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