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SABRE, INC. v. THE INSURANCE COMPANY OF STATE OF PENNSYLVANIA

3778, 652241/12.

149 A.D.3d 589 (2017)

2017 NY Slip Op 03061

52 N.Y.S.3d 355

SABRE, INC., et al., Respondents, v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA et al., Appellants.

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

Decided April 20, 2017.

The pleadings in the underlying actions allege facts within the scope of coverage under the subject insurance policies, giving rise under Texas law to the duty to defend (see Guide One Elite Ins. Co. v Fielder Rd. Baptist Church, 197 S.W.3d 305, 308 [Tex 2006]). Because the facts to be adjudicated in the underlying actions were the same facts upon which coverage depended, a conflict of interest existed that precluded defendants from...

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