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ALLIED WORLD v. GREAT DIVIDE

162187/14

140 A.D.3d 103 (2016)

32 N.Y.S.3d 72

2016 NY Slip Op 03603

ALLIED WORLD NATIONAL ASSURANCE COMPANY, Appellant, v. GREAT DIVIDE INSURANCE COMPANY et al., Respondents.

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

Decided May 5, 2016.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt LLP, New York City ( Steven J. Ahmuty, Jr. and Tiffany A. Miao of counsel), for appellant.

Coughlin Duffy LLP, New York City ( Justin N. Kinney of counsel), for Great Divide Insurance Company, respondent.

Finazzo Cossolini O'Leary Meola & Hager, LLC, Morristown, NJ ( Robert F. Cossolini of the New Jersey bar, admitted pro hac vice), and New York City ( Patrick A. Florentino of counsel), for New York Marine and General Insurance Company, respondent.

MAZZARELLI, J.P., RENWICK, KAPNICK and KAHN, JJ., concur.

OPINION OF THE COURT

In this appeal, we are called upon to decide whether claims asserted in an arbitration demand fell outside coverage provided under the insurer-defendants' policies, or fell within the scope of exclusions in those policies.

In December 2004, nonparty Hemisphere Resorts LLC, a real estate development...

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