In an action by an insurer seeking a declaration that defendant-excess insurer was required to reimburse plaintiff for part of a settlement of a personal injury action, summary judgment for defendant is reversed where the district court erred in deciding that the underlying state-court judgment established legal liability against the insured and thus precluded recovery under the policy.
Read General Star Nat'l Ins. Co. v. Universal Fabricators, Inc., No. 07-4443
Appellate Information
Argued: September 3, 2008
Decided: November 5, 2009
Judges
Opinion by Judge Sack
Counsel
For Appellant:
Christopher Bradley, Marshall, Conway, Wright & Bradley, P.C., New York, NY,
For Appellees:
Patrick W. Brophy, McMahon, Martine & Gallagher, LLP, Brooklyn, NY
