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INDEMNITY INS. v. ST. PAUL

102500/06, 590363/06, 591031/06, 1242

74 A.D.3d 21 (2010)

900 N.Y.S.2d 24

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY et al., Respondents. (And Other Actions.)

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

Decided April 22, 2010.

Attorney(s) appearing for the Case

Nixon Peabody LLP, New York City ( Aidan M. McCormack , Mark L. Deckman and Jonathan Schapp of counsel), for appellant.

Lazare Potter & Giacovas, LLP, New York City ( Stephen M. Lazare of counsel), for St. Paul Mercury Insurance Company, respondent.

Nicoletti, Hornig & Sweeney, New York City ( Barbara A. Sheehan and Lawrence C. Glynn of counsel), for Yonkers Contracting Company, Inc., respondent.

GONZALEZ, P.J., MAZZARELLI, SWEENY and RENWICK, JJ., concur.

OPINION OF THE COURT

RICHTER, J.

In this insurance coverage dispute, plaintiff Insurance Indemnity Company of North America (IICNA) seeks reimbursement from defendants St. Paul Mercury Insurance Company (St. Paul) and Yonkers Contracting Company, Inc. (Yonkers) for a $2 million payment IICNA made to settle an underlying personal injury suit. In the underlying action, Eugene Flood, an employee of Yonkers, was performing...

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