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CASTLEPOINT NATL. INS. CO. v. MT. HAWLEY INS. CO.

Index No. 150592/21. Appeal No. 15078. Case No. 2021-02861.

201 A.D.3d 515 (2022)

157 N.Y.S.3d 364

2022 NY Slip Op 00267

CastlePoint National Insurance Company, as Assignee of Vordonia Contracting & Supplies Corp., Appellant, v. Mt. Hawley Insurance Company, Respondent.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York (Max W. Gershweir of counsel), for appellant.

Delahunt Law PLLC, Buffalo (Timothy E. Delahunt of counsel), for respondent.

Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

Plaintiff CastlePoint National Insurance Company effectively seeks reimbursement for amounts that it claims Mt. Hawley should have paid to its insured, Trumbull Equities, LLC. The sole issue on appeal is whether Mt. Hawley correctly disclaimed coverage based on the cross liability exclusion, set forth in the Mt. Hawley primary policy, which states that "[t]his insurance does not apply to any liability for any action, claim or `suit' brought by one Named Insured against any...

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