Federal Insurance v. Kozlowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This is an appeal from an interlocutory judgment in defendant Kozlowski’s favor, declaring that plaintiff Federal Insurance Company is obliged to defend him in a civil action alleging that he breached his duties as a fiduciary of pension plans under the Employee Retirement Income Security Act of 1974 (ERISA),1 and to pay his defense costs as and when incurred in two other separate legal proceedings—a civil securities suit2 and a criminal action3 (collectively, the underlying actions). Although Tyco International and numerous individuals were originally named as…
2Cases cited10 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- American Home Assurance Co. v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1979
- Curanovic v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- In Re WorldCom, Inc. Securities LitigationDistrict Court, S.D. New York · 2005
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3Cited by39 opinions
- Federal Insurance Company v. TYCO INTERNATIONALDistrict Court, S.D. New York · 2006
- Xl Specialty Insurance v. Level Global InvestorsDistrict Court, S.D. New York · 2012
- Those Certain Underwriters at Lloyd's v. Professional Underwriters Agency, Inc.Appellate Court of Illinois · 2006
- Continental Casualty Co. v. Marshall Granger & Co.District Court, S.D. New York · 2013
- General Star Indemnity Co. v. Driven Sports, Inc.District Court, E.D. New York · 2015
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