GULF UNDERWRITERS INSURANCE COMPANY v. VERIZON COMMUNICATIONS, INC.


32 A.D.3d 709 (2006)

822 N.Y.S.2d 8

GULF UNDERWRITERS INSURANCE COMPANY, Appellant, v. VERIZON COMMUNICATIONS, INC., Respondent.

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

September 14, 2006.


After settling two intellectual property claims with its primary carrier, nonparty American International Specialty Lines Insurance Company, Verizon sought excess coverage from plaintiff, which disclaimed and commenced the instant proceeding for a declaratory judgment of noncoverage. Verizon moved to compel arbitration pursuant to the arbitration clause in the primary carrier's policy, by which plaintiff is bound by operation of its excess coverage policy.

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