Aetna Casualty & Surety Co. v. ITT Hartford Insurance

—Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 5, 1997, after a nonjury trial, which dismissed plaintiff’s complaint, unanimously affirmed, with costs.

Plaintiff commenced this action pursuant to Insurance Law § 3420 (b) to collect a default judgment entered against defendants’ insured. Defendants, however, properly disclaimed coverage under the policy with their insured, which plaintiff now seeks to reach to satisfy its judgment, and plaintiff has failed to plead or prove a recurring failure by defendants constituting a deceptive business practice under…