FARINA v. SECURITY MUTUAL INSURANCE COMPANY


273 A.D.2d 845 (2000)

709 N.Y.S.2d 304

ERIC P. FARINA, SR., et al., Respondents, v. SECURITY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided June 16, 2000.


Judgment unanimously reversed on the law without costs and judgment granted in accordance with the following Memorandum: Plaintiffs commenced this action seeking judgment declaring that defendant must indemnify its insured with respect to a judgment awarded plaintiffs in the underlying action against defendant's insured (see, Insurance Law § 3420 [a] [2]). Defendant provided a defense for its insured in the underlying action, but refused to provide indemnification...

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