From Casetext: Smarter Legal Research

225 East 57th St. Owners v. Greatr N.Y. Mut

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1992
187 A.D.2d 360 (N.Y. App. Div. 1992)

Summary

finding that there was a "genuine conflict of interest between defendant insurer and plaintiff arising from [the defendant's] claim that plaintiff's conduct, forming the basis of the other action, may have been intentional and ... outside the scope of ... the policy"

Summary of this case from Great Am. Ins. Co. v. Houlihan Lawrence, Inc.

Opinion

November 19, 1992

Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).


There exists a genuine conflict of interest between defendant insurer and plaintiff insured arising from defendant's claim that plaintiff's conduct, forming the basis of the other action, may have been intentional and, thus, outside the scope of the stated coverage under the policy. Where the insurer's interest in defending the lawsuit may be in conflict with the insured's interest, the insured is entitled to defense by an attorney of his own choosing, whose reasonable fee is to be paid by the insurer (Public Serv. Mut. Ins. Co. v Goldfarb, 53 N.Y.2d 392).

We have considered defendant's other contentions and find them to be without merit.

Concur — Murphy, P.J., Ellerin, Kupferman, Kassal and Rubin, JJ.


Summaries of

225 East 57th St. Owners v. Greatr N.Y. Mut

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1992
187 A.D.2d 360 (N.Y. App. Div. 1992)

finding that there was a "genuine conflict of interest between defendant insurer and plaintiff arising from [the defendant's] claim that plaintiff's conduct, forming the basis of the other action, may have been intentional and ... outside the scope of ... the policy"

Summary of this case from Great Am. Ins. Co. v. Houlihan Lawrence, Inc.
Case details for

225 East 57th St. Owners v. Greatr N.Y. Mut

Case Details

Full title:225 EAST 57TH STREET OWNERS, INC., Respondent, v. GREATER NEW YORK MUTUAL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 19, 1992

Citations

187 A.D.2d 360 (N.Y. App. Div. 1992)
589 N.Y.S.2d 481

Citing Cases

Moeller v. American Guar. and Liability

This presented a clear conflict of interest between itself and Fuselier, Ott and McKee. Moreover, American…

Great Am. Ins. Co. v. Houlihan Lawrence, Inc.

Because the Policy excludes coverage for any claim based on or arising out of intentional acts by an insured,…