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UTICA MUTUAL INSURANCE COMPANY v. CNA INSURANCE COMPANY

285 A.D.2d 640 (2001)

728 N.Y.S.2d 398

UTICA MUTUAL INSURANCE COMPANY, Appellant-Respondent, v. CNA INSURANCE COMPANY, Respondent-Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 30, 2001.

Ordered that the order is reversed insofar as appealed from, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment declaring that the defendant CNA Insurance Company is obligated to indemnify the plaintiff for 50% of the amount of the settlement of the underlying action and 50% of the attorney's fee associated with the settlement; and it is further,

Ordered that the order is affirmed insofar as...

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