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JERGE v. BUETTNER

225 A.D.2d 294 (1996)

649 N.Y.S.2d 269

Paul Jerge et al., Respondents, v. Christopher Buettner et al., Defendants, and New York Central Mutual Fire Insurance Company, Appellant

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

November 8, 1996

Attorney(s) appearing for the Case

Roy A. Mura, Buffalo, for appellant.

Flaherty & Shea, Buffalo (James Shea of counsel), for respondents.

GREEN, J. P., and DAVIS, J., concur with BOEHM, J.; WESLEY, J., dissents and votes to reverse in a separate opinion in which PINE, J., concurs.

BOEHM, J.

I

The issue raised on this appeal is whether defendant New York Central Mutual Fire Insurance Company (New York Central) is obligated to indemnify and defend defendant Christopher Buettner under the policy of insurance issued by New York Central to defendants Harvey and Karen Tigue in an underlying personal injury action brought by plaintiffs, Paul and Terri Jerge, against Buettner.

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