Sunham Home Fashions v. Diamond State Insurance Co.

Complaint for Declaratory Relief


Plaintiff Sunham Home Fashion's Complaint alleges that its excess insurer Diamond State failed to comply with the express terms of its umbrella policy, which were broader than the primary insurance and required it to drop down and defend where its insured was sued for "copyright infringement." The underlying insurers had failed to fully defend on the grounds that no "advertising" had been alleged, despite the fact that a plethora of evidence to the contrary existed -- including the catalog inserts attached to the complaint. Plaintiff seeks, inter alia, the $600,000 it paid in settlement of the action.

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Reference Info:Pleadings | Federal, 2nd Circuit, New York | United States

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