Legal Opinion
National Grange Mutual Insurance v. T.C. Concrete Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 2007Published
1Opinion of the Court
Nevertheless, we conclude that plaintiff waived its right to disclaim coverage with respect to the underlying action inasmuch as it implicitly conceded coverage by its conduct in the underlying action, i.e., by participating in the binding arbitration, defending T.C. Concrete in the arbitration, and indemnifying T.C. Concrete in accordance with the determination in the arbitration (see Government Empls. Ins. Co. v Cusi, 163 AD2d 918 [1990]; see generally Meutsch v Travelers Ins. Co., 206 AD2d 953, 955 [1993]). It is well settled that “an insurer’s responsibility to defend reaches the defense…
2Cases cited5 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- U.S. Underwriters Insurance v. City Club Hotel, LLCNew York Court of Appeals · 2004
- U.S. Liability Insurance v. Staten Island HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- United States Fidelity & Guaranty Co. v. New York, Susquehanna & Western Railway Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Government Employees Insurance v. CusiAppellate Division of the Supreme Court of the State of New York · 1990