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WESCO INS. CO. v. HELLAS GLASS WORKS CORP.

155214/18. Appeal No. 12456. Case No. 2020-02248.

188 A.D.3d 621 (2020)

132 N.Y.S.3d 758

2020 NY Slip Op 06975

Wesco Insurance Company, Respondent, v. Hellas Glass Works Corp. et al., Defendants, and Massachusetts Bay Insurance Company, Appellant.

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

Decided November 24, 2020.

Although the duty to defend is primarily determined by the complaint (see Greenwich Ins. Co. v City of New York, 122 A.D.3d 470, 471 [1st Dept 2014]), "wooden application of the `four corners of the complaint' rule would render the duty to defend narrower than the duty to indemnify" (Fitzpatrick v American Honda Motor Co., 78 N.Y.2d 61...

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