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TECHNOLOGY INSURANCE COMPANY v. FIRST MERCURY INSURANCE COMPANY

Index No. 160472/17. Appeal No. 13836. Case No. 2020-01240.

194 A.D.3d 530 (2021)

143 N.Y.S.3d 869

2021 NY Slip Op 03128

Technology Insurance Company et al., Appellants, v. First Mercury Insurance Company, Respondent.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo ( Dan D. Kohane of counsel), for appellants.

Kennedys CMK LLP, New York ( Kristin V. Gallagher of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Summary judgment was properly granted to defendant. The settlement paid by the insurer left "the insured[] with no actual interest in the case and ma[de] [plaintiff] insurer ... the real party in interest" (George Campbell Painting v National Union Fire Ins. Co. of Pittsburgh, PA, 92 A.D.3d 104, 118 [1st Dept 2012]). Accordingly, "the argument that [defendant]'s disclaimer was invalid under Insurance Law § 3420(d) [is] unavailing...

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