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ZURICH AM. INS. CO. v. INSURANCE CO. OF STATE OF PA

Index No. 650113/18. Appeal No. 16462. Case No. 2021-04187.

209 A.D.3d 557 (2022)

175 N.Y.S.3d 220

2022 NY Slip Op 05822

Zurich American Insurance Company, Appellant, v. The Insurance Company of the State of Pennsylvania, Respondent.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Coughlin Midlige & Garland LLP, New York ( Adam M. Smith , of counsel) for appellant.

Barclay Damon LLP, Buffalo ( Kevin D. Szczepanski , of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Shawn Timothy Kelly, J.), entered May 19, 2021, which denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Applying the Pavia framework, the motion court properly determined that defendant primary insurer did not grossly disregard plaintiff excess insurer's interests...

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