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ALLIED WORLD INS. CO. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA

Index No. 650461/19. Appeal No. 15751. Case No. 2021-01447.

204 A.D.3d 512 (2022)

164 N.Y.S.3d 811

2022 NY Slip Op 02506

Allied World Insurance Company, Appellant, v. National Union Fire Insurance Company of Pittsburgh, PA, Respondent.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Stewart Smith, New York (Vincent Chirico of counsel), for appellant.

Fishkin Lucks LLP, New York (David N. Cohen, of counsel) for respondent.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

Based on the applicable policy language, and discovery already allowed by Supreme Court, the court providently declined to grant the motion to compel the sought depositions of defendant's underwriting executives. The policy language was unambiguous and the other discovery sought by plaintiff was available through other sources, including the deposition of defendant's claims handling professional. The Supreme Court had, in prior...

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