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AMERICAN STATES INS. CO. v. GRAPHIC ARTS MUT. INS. CO.

Index No. 651372/18. Appeal No. 13682. Case No. 2020-03347.

193 A.D.3d 608 (2021)

142 N.Y.S.3d 818

2021 NY Slip Op 02485

American States Insurance Company et al., Respondents, v. Graphic Arts Mutual Insurance Company et al., Defendants, and Nova Casualty Company, Appellant.

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

Decided April 27, 2021.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York ( Howard S. Edinburgh of counsel), for appellant.

Jaffe & Asher LLP, White Plains ( Marshall T. Potashner of counsel), for respondents.

Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.

The duty of an insurer to provide a defense for its insured is "exceedingly broad" arising "whenever the allegations of the complaint suggest ... a reasonable possibility of coverage" (Axis Surplus Ins. Co. v GTJ Co., Inc., 139 A.D.3d 604, 604 [1st Dept 2016]). Accordingly, "a liability insurer has a duty to defend its insured in a pending lawsuit if the pleadings allege a covered occurrence...

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