Fiserv Solutions, Inc. v XL Specialty Ins. Co.

Motion No: M-2252

Slip Opinion No: 2012 NY Slip Op 82607(U)

Decided on August 28, 2012

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

August 28, 2012

Fiserv Solutions, Inc. v XL Specialty Insurance Company

Motion granted (M-2252) to the extent of amending final sentence of decision and order of this Court entered April 5, 2012 (Appeal Nos. 6005-6006) as follows: Finally, as we previously held, defendant may inquire into the procedures and requirements of an insured lender (see Fiserv Solutions, Inc. v XL Specialty Ins. Co., 84 AD3d 480 [2011]), and the motion Court correctly held that defendant may deny coverage for a loan not made in accordance therewith. Cross motion [M-2316] is denied.

Before: Mazzarelli, J.P., Catterson, Moskowitz, Renwick, Abdus-Salaam, JJ.

Motion Nos. M-2252, M-2316