STARR INDEM. & LIAB. CO. v. U.S. ADJUSTMENT CORP.

Index No. 653469/16. Appeal No. 14445. Case No. 2020-02781.

198 A.D.3d 551 (2021)

156 N.Y.S.3d 180

2021 NY Slip Op 05799

Starr Indemnity & Liability Company et al., Appellants, v. U.S. Adjustment Corporation, Respondent.

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

Decided October 21, 2021.


Attorney(s) appearing for the Case

McDermott Will & Emery LLP, New York ( Michael R. Huttenlocher of counsel), for appellants.

Litman, Asche & Gioiella, LLP, New York ( Richard M. Asche of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.


The operative Claims Service Agreements do not unambiguously require that defendant pay all Allocated Loss Adjustment Expenses (ALAE); rather, the words "from its service fee" may reasonably be read as imposing a cap on the amount of ALAE to be paid commensurate with the amount of service fees received. The extrinsic evidence cited by plaintiffs does not eliminate triable issues of fact on this point.

Even if plaintiffs had demonstrated that defendant was required...

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