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MATTER OF COMBS v. SUPERINTENDENT OF FINANCIAL SERVICES

8068. 405987/01.

168 A.D.3d 479 (2019)

92 N.Y.S.3d 1

2019 NY Slip Op 00214

In the Matter of Sean Combs, Respondent, v. Superintendent of Financial Services of the State of New York, as Ancillary Receiver for Reliance Insurance Company, Appellant.

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

Decided January 10, 2019.

The Receiver breached its duty to defend when it disclaimed coverage for Combs in a personal injury action brought against him by three individuals who were injured in a 1999 shooting at a nightclub on the ground that no valid covered claims against Combs remained in the action (see Servidone Constr. Corp. v Security Ins. Co. of Hartford, 64 N.Y.2d 419, 423-424 [1985]; see also Seaboard...

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