In re County of Nassau

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a duty to defend arises under New York law “without regard to the insured’s ultimate likelihood of prevailing on the merits of a claim’”
• holding that the CGL insurer had the sole primary duty to defend the mutually insured, “notwithstanding the fact that [the D&O insurer] would appear to have an obligation to indemnify [the insured] for a greater portion of the causes of action, if successfully prosecuted”
• noting that the duty to defend is “broader than the duty to indemnify,” and applies as long as “any of the claims against an insured arguably arise from covered events” (second emphasis added) (internal quotation marks omitted)
• “if any of the claims against an insured arguably arise from covered events, the insurer is required to defend the entire action.” (internal quotes omitted)
• “Although an excess insurance carrier may elect to participate in an insured’s defense to protect its interest, it has no obligation to do so.”
• “If the plain language of the policy is determinative, we cannot rewrite the agreement by disregarding that language.”

Source: CourtListener parenthetical corpus (CC0).