TWIN CITY FIRE INSURANCE COMPANY v. STATE INSURANCE FUND


65 A.D.3d 945 (2009)

885 N.Y.S.2d 411

TWIN CITY FIRE INSURANCE COMPANY, Respondent, v. STATE INSURANCE FUND, Appellant.

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

Decided September 24, 2009.


Plaintiff sought defendant's assumption of its defense and indemnity in an underlying personal injury action, and contribution of 50% toward the costs of defending and settling that action. Although denominated an action for declaratory relief, this is essentially an action to recover money damages against a state agency, the proper forum for which is the Court of Claims (D'Angelo v State Ins. Fund, 48 A...

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