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UTICA MUT. INS. CO. v. ABEILLE GEN. INS. CO.

189 CA 21-00536.

206 A.D.3d 1666 (2022)

170 N.Y.S.3d 753

2022 NY Slip Op 03815

Utica Mutual Insurance Company, Respondent-Appellant, v. Abeille General Insurance Co., Now Known as 21st Century National Insurance Co., et al., Appellants-Respondents, et al., Respondents.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

NORTON ROSE FULBRIGHT US LLP, NEW YORK CITY (JOHN F. FINNEGAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

HUNTON ANDREWS KURTH LLP, WASHINGTON, D.C. (SYED S. AHMAD, OF THE WASHINGTON, D.C. BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Whalen, P.J., Smith, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion and granting judgment in favor of defendants-appellants as follows:

It is adjudged and declared that plaintiff is not entitled to recover from defendants-appellants reimbursement under the reinsurance contracts for defense costs paid by plaintiff to Burnham Corporation in the underlying actions under the umbrella policies of insurance, and as modified the...

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