Defense without Knowledge of True Facts
In Federated Department Stores, Inc. et al. v. Twin City Fire Insurance Company, et al., 807 N.Y.S.2d 62, 2006 NY Slip Op 00105 (2006), the First Department held that the insurer’s assumption of the defense without knowledge of the true facts was insufficient to stop the insurer from successfully disclaiming coverage upon learning the true facts.
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