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TEMPLE BETH SHOLOM, INC. v. COMMERCE & INDUSTRY INSURANCE COMPANY

9768, 652187/16.

173 A.D.3d 637 (2019)

103 N.Y.S.3d 413

2019 NY Slip Op 05215

Temple Beth Sholom, Inc., et al., Respondents, v. Commerce & Industry Insurance Company, Appellant.

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

Decided June 27, 2019.

Plaintiff Temple relied to its detriment on the defense provided by defendant Commerce, which was in conflict with the defense Commerce provided to the general contractor, and as a result, Temple lost control of its defense. Commerce was properly estopped from denying coverage by virtue of its conduct in handling the underlying claim (see Albert J. Schiff Assoc. v Flack, 51 N.Y.2d 692...

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