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JACOBSON v. NATIONAL UNION FIRE INSURANCE COMPANY

Nos. 7960-601325/10, 7961-601325/10.

102 A.D.3d 223 (2012)

955 N.Y.S.2d 338

2012 NY Slip Op 8467

JACOBSON FAMILY INVESTMENTS, INC., et al., Appellants-Respondents, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, et al., Respondents-Appellants.

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

Decided December 11, 2012.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman LLP, New York City ( Adam S. Ziffer , Marc E. Kasowitz and Robin L. Cohen of counsel), for appellants-respondents.

Bressler, Amery & Ross, P.C., New York City ( Robert Novack and Charles W. Stotter of counsel), for National Union Fire Insurance Company of Pittsburgh, PA., respondent-appellant.

Carroll McNulty & Kull, LLC, New York City ( Joseph P. McNulty and Douglas Eisenstein of counsel), for Continental Casualty Company, respondent-appellant.

Eckert Seamans Cherin & Mellot, LLC, White Plains ( Geraldine A. Cheverko of counsel), and F. Joseph Nealon , of the bar of the State of Pennsylvania and the District of Columbia, admitted pro hac vice, for Fidelity and Deposit Company of Maryland and Great American Insurance Company, respondents-appellants.

SAXE, DEGRASSE, RICHTER and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

Plaintiff Jacobson Family Investments (JFI) is an investment management company that manages the assets and businesses of the 16 other plaintiffs, which are various limited liability companies, limited partnerships, foundations and trusts established by various members of the Jacobson family and another family. JFI manages the assets of these entities by selecting outside investment advisors. In 1998, JFI made the fateful...

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