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XL INSURANCE AMERICA, INC., plf-res, v. The Howard Hughes Corporation, Defendant-Appellant

4668. XL INSURANCE AMERICA, INC., plf-res, v. The Howard Hughes Corporation, Defendant-Appellant. Skadden, Arps, Slate, Meagher & Flom LLP, New York (Lea Haber Kuck of counsel), for appellant. Mound Cotton Wollan & Greengrass LLP, New York (Costantino P. Suriano of counsel), for respondent.

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4668. XL INSURANCE AMERICA, INC., plf-res, v. The Howard Hughes Corporation, Defendant-Appellant. Skadden, Arps, Slate, Meagher & Flom LLP, New York (Lea Haber Kuck of counsel), for appellant. Mound Cotton Wollan & Greengrass LLP, New York (Costantino P. Suriano of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered July 20, 2016, which, among other things, granted plaintiff insurer’s motion for summary judgment declaring in its favor, unanimously reversed, on the law, without costs, plaintiff’s motion denied, and it is declared that plaintiff is obligated to pay defendant its proportionate share of the actual loss falling within its layer of coverage, up to a $50 million sublimit.

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