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BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY v. H.I.G. CAPITAL, LLC

Index No. 652750/17. Appeal No. 15392. Case No. 2021-03180.

202 A.D.3d 614 (2022)

2022 NY Slip Op 01232

Berkshire Hathaway Specialty Insurance Company et al., Plaintiffs, and Starr Indemnity & Liability Company, Respondent, v. H.I.G. Capital, LLC, Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Hunton Andrews Kurth LLP, New York ( Michael S. Levine of counsel), for appellant.

Stroock & Stroock & Lavan LLP, New York ( Michele L. Jacobson of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, JJ.

In 2014, Starr issued defendant an excess professional liability policy (the 2014 policy). In connection with its application for the policy, defendant signed a "Warranty and Representation Letter" (the W&R Letter) representing that there were no pending claims, suits, actions, or investigations against any of the proposed insureds (except as disclosed in a "loss run" not pertinent here), and that none of the proposed insureds had any knowledge of any act, error, or omission...

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