Hartford Fire Insurance v. Baseball Office of the Commissioner

—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered on or about August 30, 1995, which granted the motion of plaintiffs, the primary and excess insurers, for summary judgment declaring that they have no duty to defend or indemnify defendants insureds under their respective policies in certain litigation pending in Federal court, unanimously affirmed, with costs.

Defendants’ excuse for not promptly notifying plaintiffs of the underlying lawsuit, viz., that an exclusion wrongfully annexed by the primary insurer after commencement of its policy misled them into believing that…