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INTEGRATED CONSTRUCTION SERVICES, INC. v. SCOTTSDALE INS. CO.

2013-11081

123 A.D.3d 770 (2014)

999 N.Y.S.2d 92

2014 NY Slip Op 08606

INTEGRATED CONSTRUCTION SERVICES, INC., Respondent, v. SCOTTSDALE INSURANCE COMPANY, Appellant.

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

Decided December 10, 2014.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action for a judgment declaring that, pursuant to a general liability policy issued to it by the defendant, the defendant is obligated to defend and indemnify it in an underlying personal injury action. The defendant moved for summary judgment declaring that it is not so obligated on the ground that it properly disclaimed coverage due to the plaintiff's failure, in violation of the subject...

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