Is an insurer bound to comply with the provisions of Page 4 of the Civil Code of Civil Procedure when it refuses to defend?

"New York", United States of America

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

Page 4

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