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BOUTIN v. AETNA CASUALTY & SURETY COMPANY

264 A.D.2d 434 (1999)

694 N.Y.S.2d 134

ANDRE BOUTIN et al., Respondents, v. AETNA CASUALTY & SURETY COMPANY, Appellant, and SERGE DENIZARD, SR., et al., Respondents.

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

Decided August 16, 1999.

Ordered that the order and judgment is reversed, on the law, with one bill of costs, the motion is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that Aetna Casualty & Surety Company does not have a duty to defend and indemnify the plaintiffs in the underlying action.

The defendant Aetna Casualty & Surety Company (hereinafter Aetna) issued a homeowners' liability policy covering certain property...

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