Illusion Hair Designers, Inc. v. Commercial Union Insurance

Appellate Division of the Supreme Court of New York

Illusion Hair Designers, Inc. v. Commercial Union Insurance

181 A.D.2d 527, 581 N.Y.S.2d 312, 1992 N.Y. App. Div. LEXIS 3609

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1992·Published·Cited by 2 cases

Opinion

— Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about November 25, 1990, which, insofar as appealed from, granted plaintiff’s cross motion for summary judgment, and referred the issue of legal fees to a Referee to hear and report, unanimously affirmed, with costs.

When an insurer brings a declaratory judgment action to determine its duty to defend and indemnify which is unsuccessful, it must pay the insured for the defense of both the underlying action and the declaratory judgment action (Colon v Aetna Life & Cas. Ins. Co., 66 NY2d 6). Furthermore, since a judgment has yet to be entered in this action, defendant has not been prejudiced by any of the proceedings, and the order should therefore stand. Concur — Rosenberger, J. P., Ellerin, Wallach, Smith and Rubin, JJ.

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— Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about November 25, 1990, which, insofar as appealed from, granted plaintiff’s cross motion for summary judgment, and referred the issue of legal fees to a Referee to hear and report, unanimously affirmed, with costs.

When an insurer brings a declaratory judgment action to determine its duty to defend and indemnify which is unsuccessful, it must pay the insured for the defense of both the underlying action and the declaratory judgment action (Colon v Aetna Life & Cas. Ins. Co., 66 NY2d 6). Furthermore, since a judgment has yet to be entered in this action, defendant has not been prejudiced by any of the proceedings, and the order should therefore stand. Concur — Rosenberger, J. P., Ellerin, Wallach, Smith and Rubin, JJ.

Illusion Hair Designers, Inc. v. Commercial Union Insurance, 181 A.D.2d 527, 581 N.Y.S.2d 312, 1992 N.Y. App. Div. LEXIS 3609 (N.Y. Ct. App. 1992).

Pincite

181 A.D.2d 527 (Illusion Hair Designers, Inc. v. Commercial Union Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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