Richard M. McCostis Esq. v. Home Insurance Company of Indiana

WALKER, Circuit Judge:

Plaintiff Richard M. McCostis brought this action seeking a declaratory judgment that his insurer, defendant Home Insurance Company of Indiana (“Home Insurance”), had a duty to defend McCostis, an attorney, in a suit arising from McCostis’s allegedly fraudulent overbilling of a client. The United States District Court for the Southern District of New York (Loretta A. Preska, Judge) denied McCostis’s motion for summary judgment, and, following further submissions, granted summary judgment in favor of Home Insurance. For the reasons that follow, we vacate and remand.

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