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DIIORIO v. NATIONAL UNION FIRE INSURANCE COMPANY

262 A.D.2d 347 (1999)

691 N.Y.S.2d 568

JOHN DIIORIO, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY, Defendant, and GEICO et al., Respondents.

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

Decided June 7, 1999.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof declaring that GEICO has no obligation to defend the appellant and substituting therefor a provision declaring that GEICO is so obligated; as so modified, the order and judgment is affirmed insofar as appealed from, with costs payable by GEICO to the plaintiff.

The Supreme Court correctly declared that the defendant Aetna Casualty and Surety Company (hereinafter Aetna) has...

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