UNIVERSAL AM v. NATIONAL INS

No. 95

25 N.Y.3d 675 (2015)

37 N.E.3d 78

16 N.Y.S.3d 21

2015 NY Slip Op 05516

UNIVERSAL AMERICAN CORP., Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent.

Court of Appeals of New York.

Decided June 25, 2015.


Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York City ( Richard H. Dolan and Bradley J. Nash of counsel), for appellant.

Nixon Peabody LLP, New York City ( Barbara A. Lukeman of counsel), for respondent.

Anderson Kill P.C., New York City ( Joshua Gold and Dennis J. Nolan of counsel), and Amy Bach , United Policyholders, San Francisco, California, for United Policyholders, amicus curiae.

Judges READ, PIGOTT, ABDUS-SALAAM, STEIN and FAHEY concur; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

On this appeal we consider whether an insuring agreement for computer systems fraud that applies to "a fraudulent entry... of Electronic Data or Computer Program" encompasses losses caused by an authorized user's submission of fraudulent information into...

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