FOREST LABORATORIES INC v. RSUI (2014)

FOREST LABORATORIES, INC., Plaintiff–Appellant, v. ARCH INSURANCE COMPANY, et al., Defendants, RSUI Indemnity Company, Defendant–Respondent.

Decided: April 29, 2014

GONZALEZ, P.J., TOM, SAXE, FREEDMAN, MANZANET–DANIELS, JJ.

Reed Smith LLP, New York (John B. Berringer of counsel), for appellant. Babchik & Young, LLP, White Plains (Jack Babchik of counsel), for respondent.

Order, Supreme Court, New York County (Melvin Schweitzer, J.), entered on or about September 14, 2012, which granted defendant RSUI Indemnity Company's (RSUI) motion to dismiss the complaint made pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, with costs.

The motion court properly determined that the express terms of RSUI's policy providing excess coverage to plaintiff required the previous layer of excess coverage to be exhausted through actual payment of that policy's limit prior to RSUI being required to pay (see e.g. JP Morgan Chase & Co. v. Indian Harbor Ins. Co., 98 AD3d 18 [1st Dept 2012], lv denied 20 NY3d 858 [2013] ).

We have considered plaintiff's remaining arguments and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network