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P.J.P. MECH. v. COMMERCE

65 A.D.3d 195 (2009)

882 N.Y.S.2d 34

P.J.P. MECHANICAL CORP., Appellant, v. COMMERCE AND INDUSTRY INSURANCE COMPANY, Respondent.

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

Decided June 18, 2009.

Attorney(s) appearing for the Case

Arthur J. Semetis, P.C., New York City (Arthur J. Semetis and Shannon P. Gallagher of counsel), for appellant.

Law Offices of Green & Lavelle, Brooklyn (William J. Cleary and Martin P. Lavelle of counsel), for respondent.

GONZALEZ, P.J., SAXE, RENWICK and DeGRASSE, JJ., concur.

OPINION OF THE COURT

SWEENY, J.

This case involves the extent of an insurer's duty to defend under the terms of its policy. Specifically, does an insurer have a duty either to fund or to reimburse for separate litigation commenced by its insured, where the responsive pleadings raise an affirmative defense based on a claim of offset? For the following reasons, we hold that it does not.

Plaintiff was insured under a commercial general liability policy...

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