Shand Morahan & Co. v. Rice

Kane, J. P.

Appeal from an order of the Supreme Court (McDermott, J.), entered July 24, 1989 in Albany County, which denied plaintiffs motion for summary judgment.

Plaintiff issued a professional liability insurance policy to defendant Rice & Conway, an Albany law partnership, which contained a $10,000 deductible clause applicable to both payments for loss and claims expenses, including counsel fees. In July 1982, defendants were served with a third-party summons and complaint alleging professional malpractice, following which plaintiff in this action secured the services of a New York City law…