New York Court of Appeals

Town of Massena, Appellant v. Healthcare Underwriters Mutual Insurance Company, Defendant and Third-Party…

September 17, 200298 N.Y.2d 435

Summary

The New York Court of Appeals held that Healthcare Underwriters Mutual (HUM) must defend the hospital in the underlying federal civil‑rights suit, while Federal Insurance Company and Physicians’ Reciprocal Insurers have no duty to defend because their policies expressly exclude the alleged conduct. The court affirmed the modified order of the Appellate Division.