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DUPREE v. SCOTTSDALE INS. CO.

7952N, 653412/11.

96 A.D.3d 546 (2012)

947 N.Y.S.2d 428

2012 NY Slip Op 4839

COURTNEY DUPREE, Respondent, v. SCOTTSDALE INSURANCE COMPANY, Appellant.

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

June 14, 2012.

Supreme Court providently exercised its discretion in granting the temporary restraining order (see CPLR 6301; Wyndham Co. v Wyndham Hotel Co., 236 A.D.2d 220 [1997]). The failure of an insurance company to advance payments covering defense costs and fees under a directors and officers liability policy, like the one at issue here, constitutes a direct, immediate and irreparable injury, as it would deprive the insured of the...

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