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OLD REPUBLIC INSURANCE COMPANY v. UNITED NATIONAL INSURANCE COMPANY

66, 155995/12.

135 A.D.3d 662 (2016)

24 N.Y.S.3d 607

2016 NY Slip Op 00606

OLD REPUBLIC INSURANCE COMPANY, Directly and as Subrogee of STS Steel, Inc., Appellant, v. UNITED NATIONAL INSURANCE COMPANY, Respondent.

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

Decided January 28, 2016.

Plaintiff insurer seeks to have defendant insurer either contribute toward, or reimburse plaintiff completely for, the $1 million that plaintiff paid toward the settlement of the underlying personal injury action. The motion court dismissed the complaint on the ground that while a question of fact existed concerning whether plaintiff's subrogor, STS Steel, was required to be covered by an umbrella insurance policy procured by its...

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