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FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, Respondent.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment. The defendant established a prima facie case that the plaintiff was estopped from denying insurance coverage ( see Utica Mut. Ins. Co. v 215 W. 91st St. Corp., 283 AD2d 421; Brooklyn Hosp. Ctr. v Centennial Ins. Co., 258 AD2d 491). Having accepted tender of the defense, without reserving its right to disclaim coverage, estoppel barred the plaintiff's subsequent request for contribution ( see Donate v City of New York, 156 AD2d 505; cf. Hanover Ins. Co. v Inter-Reco, Inc., 15 AD3d 443 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact.

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FIREMAN'S v. ZURICH AMERICAN
(Feb 13, 2007)