New York Court of Appeals September 17, 2002 (Town of Massena v. Healthcare Underwriters Mutual Insurance)

OPINION OF THE COURT

Smith, J.

The issue here is whether the defendant insurers have a duty to defend Massena Memorial Hospital and related litigants in an underlying federal lawsuit. We conclude that one insurer has a duty to defend, and we, therefore, modify the order of the Appellate Division.