Erie & Niagara Insurance v. Sterling Insurance

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff commenced this action seeking a declaration that both plaintiff and defendant must provide primary coverage for their insured’s fire loss and must share the costs of defense and indemnification. Supreme Court erred in granting in part plaintiff’s motion for summary judgment, determining that defendant’s lack of compliance with Insurance Law § 3420 (d) prohibited defendant from disclaiming coverage for…