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SCOTTSDALE INSURANCE COMPANY v. RLI INSURANCE COMPANY

153250/15. Appeal No. 12997. Case No. 2020-02559.

190 A.D.3d 659 (2021)

136 N.Y.S.3d 734

2021 NY Slip Op 00513

SCOTTSDALE INSURANCE COMPANY, Respondent, v. RLI Insurance Company, Appellant, and Navigators Insurance Company et al., Respondents, et al., Defendants.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Delahunt Law PLLC, Buffalo ( Timothy E. Delahunt of counsel), for appellant.

Kennedys CMK LLP, New York ( Ann Odelson of counsel), for Scottsdale Insurance Company, respondent.

Gfeller Laurie LLP, New York ( Elizabeth F. Ahlstrand of counsel), for The Insurance Company of the State of Pennsylvania, respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Given the absence of admissible evidence to support RLI's claim that it made an unconditional offer to pay the policy limit so as to terminate its obligation to pay postjudgment interest under the terms of the policy, denial of the summary judgment motion was proper (see CPLR 3212[b]; Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]).

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