The following excerpt is from Martin v. Safeco Ins. Co. of Am., 2004 NY Slip Op 50039(U) (NY 2/4/2004), 2004 NY Slip Op 50039(U) (N.Y. 2004):
In Ramos v. National Casualty Company, 227 AD2d 250 (1st Dept. 1996), it was held that an "insurer with a duty to defend which refuses to do so is bound by the court's determination of the
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