Magistrate: Insurer Has Duty To Defend At Least 1 Of 3 Suits Against Attorney

(March 6, 2019, 11:53 AM EST) -- CENTRAL ISLIP, N.Y. — A federal magistrate judge in New York on March 1 recommended partial denial of an insurer’s motion for summary judgment in its declaratory judgment lawsuit challenging coverage for three underlying lawsuits against its attorney insured, finding that the insurer “has unsuccessfully attempted to free itself of its duty to defend with respect to at least one underlying action” (First Mercury Insurance Company v. Law Office of Kenneth B. Schwartz, et al., No. 17-1763, E.D. N.Y., 2019 U.S. Dist. LEXIS 35210)....