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CHEN v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA

7512. 650142/14.

165 A.D.3d 588 (2018)

87 N.Y.S.3d 24

2018 NY Slip Op 07245

Jin Ming Chen, Appellant, v. Insurance Company of the State of Pennsylvania, Respondent.

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

Decided October 30, 2018.

The specific interest-related questions at issue here did not become clear until after the May 2, 2016 order; only then did Supreme Court clarify that excess insurer defendant (ICSOP) was not liable to plaintiff for the first $1 million of the judgment. ICSOP's failure to articulate its position on interest issues earlier does not support a finding of waiver, which requires an indication of an intentional relinquishment of a known...

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