P.J.P. Mechanical Corp. v. Commerce & Industry Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sweeny, J.
This case involves the extent of an insurer’s duty to defend under the terms of its policy. Specifically, does an insurer have a duty either to fund or to reimburse for separate litigation commenced by its insured, where the responsive pleadings raise an affirmative defense based on a claim of offset? For the following reasons, we hold that it does not.
Plaintiff was insured under a commercial general liability policy issued by defendant. It entered into a contract with Cauldwell, a general contractor, to perform heating and ventilation work in a building leased…
2Cases cited7 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Construction Protective Services, Inc. v. Tig Specialty InsuranceCalifornia Supreme Court · 2002
- Goldberg v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Greater New York Mutual Insurance v. United States Underwriters InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
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- Commander Terminals, LLC v. Commander Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Carrier v. RLI InsuranceDistrict Court, S.D. Georgia · 2010
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