Hugo Boss Fashions, Inc. & Hugo Boss Usa, Inc., Plaintiffs-Appellees-Cross-Appellants v. Federal Insurance Company, Defendant-Appellant-Cross-Appellee

I am in agreement with the majority on all matters except the duty to defend. The majority holds that even when an insurance policy exclusion unambiguously denies coverage, an insurer will need to defend a suit whenever it is “uncertain” that this Court would have concluded that the policy exclusion was unambiguous. Ante at 620-23. Because I find no such requirement in New York law, I respectfully dissent from Part II.A. of the majority’s opinion.1

*626This panel has unanimously found that the intellectual property exclusion at issue unambiguously denies indemnification for BMC’s claims against HB…