PROGRESSIVE CAS v. CONKLIN


123 A.D.2d 6 (1986)

Progressive Casualty Insurance Company, Appellant, v. James M. Conklin, Sr., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 1986


Attorney(s) appearing for the Case

MacVean, Lewis, Sherwin, McDermott & Rosenstein, P. C. (Monte Rosenstein of counsel), for appellant.

Cooke & Davis (Bruce Perlmutter of counsel), for Carrie Komito, respondent.

KANE, J. P., MAIN, LEVINE and HARVEY, JJ., concur.


WEISS, J.

We have been called upon to determine whether the steps taken by an automobile liability insurer effectively insulated it from the obligation to defend and pay any recovery against its insured. Trial Term, in this declaratory judgment action, found that the insurer remained obligated to defend and granted judgment in favor of the insured. We agree and affirm.

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