PORT AUTH. v. BRICKMAN GROUP

Nos. 451213/17. 8963.

181 A.D.3d 1 (2019)

115 N.Y.S.3d 246

2019 NY Slip Op 08958

PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant, v. THE BRICKMAN GROUP LTD., LLC, et al., Respondents.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo ( Dan D. Kohane and Jennifer A. Ehman of counsel), for appellant.

Ahmuty, Demers & McManus, New York City ( Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for The Brickman Group Ltd., LLC, respondent.

Robinson & Cole LLP, New York City ( J. Gregory Lahr , Cara C. Vecchione and Elise A. Smith of counsel), for ACE American Insurance Company, respondent.

Kennedys CMK LLP, New York City ( Daniel Pickett of counsel), for Everest National Insurance Company, respondent.

SWEENY, WEBBER, GESMER and SINGH, JJ., concur.


OPINION OF THE COURT

In this insurance coverage action brought by a putative additional insured, the liability insurance policies at issue do not impose on the insurers a duty to defend the insured in a covered action. The policies do, however, require the insurers to reimburse the insured for defense costs incurred in an...

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