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ASPEN SPECIALTY v. RLI INS.

Index No. 652215/18. Appeal No. 13420. Case No. 2020-04416.

194 A.D.3d 206 (2021)

145 N.Y.S.3d 50

2021 NY Slip Op 02092

ASPEN SPECIALTY INSURANCE COMPANY, Respondent, v. RLI INSURANCE COMPANY, INC., Appellant.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Ford Marrin Esposito Witmeyer & Gleser, LLP, New York City ( Joseph D'Ambrosio and Jon R. Grabowski of counsel), for appellant.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York City ( Scott A. Rader and Marc L. Abrams of counsel), for respondent.

MAZZARELLI, SINGH and GONZÁLEZ, JJ., concur.

OPINION OF THE COURT

Plaintiff Aspen Specialty Insurance Company commenced this action seeking a declaration that the excess insurance policy issued by RLI Insurance Company, Inc. was next in order of coverage for a personal injury action, in which Aspen and RLI's common insured, Alphonse Hotel Corporation, was a defendant...

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