Declaratory Action Dismissed As Premature; Insurers Ordered To Pay Attorney Fees

(November 29, 2023, 1:59 PM EST) -- NEW YORK — After dismissing as premature insurers’ action seeking a declaration regarding their obligation to indemnify their insureds in an underlying construction defect suit related to leaky window curtains, a New York justice ordered the insurers to pay the insureds’ attorney fees, concluding that the Second Circuit U.S. Court of Appeals decisions cited by the insurers in opposition “misapprehend the governing precedents in this area of the Court of Appeals and the Appellate Division.”...