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ILLINOIS UNION INS. CO. v. ASSURANCE CO. OF AM.

100213/08, Motion Seq. No. #001

2009 NY Slip Op 31781 (U)

ILLINOIS UNION INSURANCE COMPANY, Plaintiff, v. ASSURANCE COMPANY OF AMERICA, Defendant.

Supreme Court, New York County

July 24, 2009.

CHARLES E. RAMOS, Judge.

Defendant, Assurance Company of America (Assurance), moves for summary judgment. Plaintiff Illinois Union Insurance Company (Illinois) cross-moves for the same relief.

Background

This is a dispute involving two insurance carriers seeking to avoid paying for litigation defense.1 In September 2002, the insured, El Dorado Surgery Center (El Dorado), was sued by Victoria Cronnelly for breach of contract...

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