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FISERV SOLUTIONS, INC., Doing Business as FISERV LENDING SOLUTIONS, et al., Respondents, v. XL SPECIALTY INSURANCE COMPANY, Appellant. (And Another Action.).

We find that defendant seeks not to engage in improper post-claim underwriting ( see Banks v Paul Revere Life Ins. Co., 31 F Supp 2d 82, 85 n 5 [1998]) but to determine the scope of coverage under the insurance policy. Thus, the disclosure defendant requested is material and necessary in the defense of this action (CPLR 3101).

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FISERV SOLUTIONS v. XL SPECIALTY INS. CO
(May 5, 2011)