In an action by an insurer seeking a declaration that it was not obligated to defend its insured in a personal injury action, summary judgment for defendant is reversed where the policy at issue did not cover defendant's auto under any circumstances and, therefore, the district court erred in finding that New York Insurance Law section 3420(d)(2) required plaintiff to timely disclaim coverage.
Read NGM Ins. Co. v. Blakely Pumping, Inc., No. 09-1655
Appellate Information
Argued: December 10, 2009
Decided: February 1, 2010
Judges
Per Curiam
Counsel
For Appellant:
Haydn J. Brill, Brill & Associates, P.C., New York, NY
For Appellee:
Robert D. Cook, Cook, Netter, Cloonan, Kurtz & Murphy, P.C., Kingston, New York
