Appellate Division of the Supreme Court of the State of New York March 22, 2005 (Federal Insurance v. Kozlowski)

OPINION OF THE COURT

Sullivan, J.

This is an appeal from an interlocutory judgment in defendant Kozlowski’s favor, declaring that plaintiff Federal Insurance Company is obliged to defend him in a civil action alleging that he breached his duties as a fiduciary of pension plans under the Employee Retirement Income Security Act of 1974 (ERISA),1 and to pay his defense costs as and when incurred in