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Action Seeking Indemnification From Insurer
In 10 Ellicott Square Court Corp. v. Mountain Valley Indemn. Co., No. 10-0799, an action seeking defense and indemnification from defendant insurance company based on an underlying personal injury lawsuit, the Second Circuit certifies the following question to the New York Court of Appeals: In a case brought against an insurer in which a plaintiff seeks a declaration that it is covered under an insurance policy issued by that insurer, does a certificate of insurance issued by an agent of the insurer that states that the policy is in force but also bears language that the certificate is not evidence of coverage, is for informational purposes only, or other similar disclaimers, estop the insurer from denying coverage under the policy?
As the court wrote: "The plaintiffs in this action, 5182 Group, LLC, and 10 Ellicott Square Court Corporation, were, respectively, the owner of and construction manager for a commercial building in Buffalo, New York. They contracted with a third firm, Ellicott Maintenance, Inc., for the building's partial interior demolition."
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