United States Second Circuit
Euchner-USA, Inc. v. Hartford Casualty Ins. Co., 13-2021
Summary judgment in favor of defendant-insurer in a declaratory judgment action in which plaintiff-insured sought coverage in an underlying suit brought by a former employee alleging harassment and ERISA violations, is vacated in part and remanded, where: 1) the district court erred in concluding that the underlying suit alleged only intentional wrongdoing; 2) there was a reasonable possibility of coverage; and therefore, 3) defendant-insurer had a duty to defend. However, the dismissal of plaintiff's claim brought under N.Y. Gen. Bus. Law section 349 is affirmed.
Appellate Information
- Decided 06/10/2014
- Published 06/10/2014
Judges
- JACOBS
Court
- United States Second Circuit