Eastcoast Equipment Co. v. Maryland Casualty Co.

Sloane, P. J., Barbieri and Spaeth, JJ.,

Plaintiff, Eastcoast Equipment Co. (hereinafter “Eastcoast”), the insured, under a policy of insurance (herein “policy”), seeks recovery of counsel fees and costs incurred in the defense of two personal injury actions where defendant, Maryland Casualty Company (hereinafter “Maryland”), the insurer, refused to defend the actions.

Maryland admits the policy, that it was in full force and effect, and that Eastcoast’s counsel fees and costs in the amount of $5,197.22 are reasonable, but Mary*500land contends its refusal to defend was proper, in that the…