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FISERV SOLUTIONS, INC. v. XL SPECIALTY INSURANCE COMPANY

601096/09, 5002, 601217/09.

84 A.D.3d 480 (2011)

921 N.Y.S.2d 851

FISERV SOLUTIONS, INC., Doing Business as FISERV LENDING SOLUTIONS, et al., Respondents, v. XL SPECIALTY INSURANCE COMPANY, Appellant. (And Another Action.)

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

Decided May 5, 2011.

We find that defendant seeks not to engage in improper post-claim underwriting (see Banks v Paul Revere Life Ins. Co., 31 F.Supp.2d 82, 85 n 5 [1998]) but to determine the scope of coverage under the insurance policy. Thus, the disclosure defendant requested is material and necessary in the defense of this action...

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