Selective Insurance Co. of America v. County of Rensselaer

OPINION OF THE COURT

Patrick J. McGrath, J.

*257In this controversy over an insurance contract, the defendant Rensselaer County moves to dismiss the action pursuant to CPLR 3211 (a) (1) and/or (7) to the extent that plaintiff insurance company seeks any amount beyond one $10,000 deductible. The plaintiff insurance company cross-moves for summary judgment (CPLR 3212), and a declaration that (1) the County owes Selective a separate deductible for each underlying class action plaintiff, and (2) attorney’s fees and expenses incurred in the underlying action must be allocated ratably to each underlying…