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GRISTEDE'S OPERATING CORP. v. AXIS SPECIALTY INSURANCE COMPANY

60 A.D.3d 460 (2009)

874 N.Y.S.2d 454

GRISTEDE'S OPERATING CORP. et al., Appellants, v. AXIS SPECIALTY INSURANCE COMPANY, Respondent.

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

Decided March 10, 2009.

While "an insurer's duty to defend and to pay defense costs under liability insurance policies must be construed broadly in favor of the policyholder" (Federal Ins. Co. v Kozlowski, 18 A.D.3d 33, 41 [2005] [citation omitted]), the "existence of the duty is dependent upon whether sufficient facts are stated so as to invoke coverage under the policy" (American Home Assur. Co. v Port Auth. of N.Y. & N.J.,

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