United States Second Circuit

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.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

• SACK, Circuit Judge:, Before:  SACK and KATZMANN, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Christopher Bradley, Marshall, Conway, Wright & Bradley, P.C. (Michael S. Gollub, Kenneth Mauro, Mauro, Goldberg & Lilling LLP, of counsel), New York, NY, for Defendant-Cross-Defendant-Cross-Claimant-Appellant., Patrick W. Brophy, McMahon, Martine & Gallagher, LLP, Brooklyn, NY, for Defendants-Cross-Defendants-Cross-Claimants-Appellees.