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BELLO v. EMPLOYEES MOTOR CORP.

240 A.D.2d 527 (1997)

659 N.Y.S.2d 64

Sadiat Bello, Respondent, v. Employees Motor Corp., Defendant, Public Service Mutual Insurance, Respondent, and St. Paul Fire & Marine Insurance Company, Appellant

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

June 16, 1997

Ordered that the order is reversed, on the law, with costs, and the complaint is dismissed without prejudice to the commencement of a new action joining Raphael Torres as a party defendant.

Where an injured party brings a declaratory judgment action to determine whether an insurance carrier is obligated to defend or indemnify its insureds, both the insurer and the insureds are necessary parties to the action (see, White v Nationwide Mut. Ins. Co.,

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