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CB RICHARD ELLIS, INC. v. HARLEYSVILLE INS. CO. OF N.J.

1357, 101259/12.

140 A.D.3d 412 (2016)

33 N.Y.S.3d 221

2016 NY Slip Op 04309

CB RICHARD ELLIS, INC., Respondent, v. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY, Appellant, et al., Defendant.

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

Decided June 2, 2016.

Under New Jersey law, "[a]n insurer's duty to defend an action brought against its insured depends upon a comparison between the allegations set forth in the complainant's pleading and the language of the insurance policy" (Flomerfelt v Cardiello, 202 N.J. 432, 444, 997 A.2d 991, 998 [2010]). Although the basis of the complaint in the underlying personal injury action alleged a sidewalk fall due to ice...

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