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SANTA v. CAPITOL SPECIALTY INS., LTD.

8026, 117927/09.

96 A.D.3d 638 (2012)

949 N.Y.S.2d 15

2012 NY Slip Op 5109

HERNAN SANTA, JR., et al., Appellants-Respondents, v. CAPITOL SPECIALTY INSURANCE, LTD., et al., Respondents-Appellants.

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

June 26, 2012.

In this declaratory judgment action, which arose out of an underlying personal injury action in which plaintiffs alleged that they were assaulted while patrons at a Manhattan nightclub, the $50,000 sublimit applicable to assault and battery coverage in the primary policy applied to all the coverage that was available under the policy, and plaintiffs were not entitled to a disclaimer of coverage pursuant to Insurance Law § 3420...

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