based upon identical facts underlying its Claim previously assigned to the Underwriters. HHRG counters that the assignment to the Underwriters does not include its indemnification contract rights under the Purchase Agreement. HHRG asserts that the Claim and the instant complaint are two totally separate and distinct legal actions with different losses, not joined or linked as part of the Settlement Agreement. HHRG argues that there is no possibility for double recovery because the Underwriters never paid HHRG for its Buyer Damages. HHRG further asserts that, in any event, it retains the right to bring the action for all damages over $18,330,477 as well as the deductible amount (approximately $800,000). See Brocklesby Transport v. Eastern States Escort, 904 F.2d 131, 133 (2d Cir.1990) (<HOLDING>). IV. Discussion A. “[A] complaint should not
holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer recognizing that where insured has been paid in full insurer is the real party in interest holding that if the insured is only partially compensated by the insurer both the insurer and the insured are real partiesininterest holding that an insurer can deny benefits based on late notice by the insured only when the insurer is prejudiced by the delay holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured