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UTICA MUT. INS. CO. v. AMERICAN RE-INSURANCE CO.

867 CA 21-00932.

211 A.D.3d 1587 (2022)

180 N.Y.S.3d 452

2022 NY Slip Op 07370

Utica Mutual Insurance Company, Appellant, v. American Re-Insurance Company, Now Known as Munich Reinsurance America, Inc., Respondent.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

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

RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, NEW YORK CITY (BRUCE M. FRIEDMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Winslow and Montour, JJ.

Appeal from an order of the Supreme Court, Oneida County (Gregory R. Gilbert, J.), entered June 22, 2021. The order, inter alia, granted the motion of defendant for summary judgment dismissing the complaint on the ground of collateral estoppel, granted defendant's cross motion for summary judgment dismissing plaintiff's claim for interest on allegedly late loss payments, and declined to reach defendant's motion for summary judgment dismissing plaintiff's claim for defense...

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