TOWER INSURANCE COMPANY OF NEW YORK v. BABYLON FISH & CLAM, INC.

3844, 110967/08.

83 A.D.3d 547 (2011)

921 N.Y.S.2d 242

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. BABYLON FISH & CLAM, INC., Respondent.

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

Decided April 21, 2011.


This is an insurance coverage dispute concerning whether plaintiff Tower must defend and indemnify its insured, defendant Babylon Fish & Clam, Inc. (Babylon), under an occurrence-based commercial general liability insurance policy. The underlying lawsuit is a wrongful death action brought by defendant Sandra Menken, individually and as executor of the estate of Michael J. Menken, arising out of an alleged food-poisoning incident at Babylon's restaurant on July 16, 2007...

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