Issues Of Fact Exist On Insurer’s Liability, New York Appellate Division Says

Mealey's (November 29, 2017, 1:51 PM EST) -- NEW YORK — The First Department New York Supreme Court Appellate Division on Nov. 28 reversed a trial court’s denial of a motion to dismiss an insurer’s claim seeking a declaration that no coverage is owed to its insured for an underlying contribution claim in an environmental contamination dispute because issues in the underlying suit must be litigated before the insurer’s claim can be decided (National Union Fire Insurance Company of Pittsburgh, Pa. v. Compaction Systems Corporation of New Jersey, et al., No. 5066, 107838/09, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 8352)....

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