LEXINGTON INS. CO. v. STEADFAST INS. CO., INC.

8294. 650574/15.

168 A.D.3d 640 (2019)

93 N.Y.S.3d 27

2019 NY Slip Op 00693

Lexington Insurance Company, Respondent, v. Steadfast Insurance Company, Inc., Respondent, and Langan Engineering and Environmental Services, Inc., Appellant.

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

Decided January 31, 2019.


The motion court erred in concluding that plaintiff was not obligated to pay any part of Langan's deductible under the Steadfast policy and that Langan owed Steadfast the amount of the deductible without first determining Steadfast's and plaintiff's duties to defend and to indemnify and, if necessary, the priority of coverage (see Sport Rock Intl., Inc. v American Cas. Co. of Reading, Pa., 65 A.D...

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