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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. JOHN DEERE INSURANCE COMPANY

288 A.D.2d 294 (2001)

733 N.Y.S.2d 198

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. JOHN DEERE INSURANCE COMPANY et al., Appellants.

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

Decided November 13, 2001.

Ordered that the order and judgment is reversed, on the law, with costs, the defendants' motion for summary judgment is granted, and it is declared that John Deere Insurance Company is not required to defend or indemnify Gloria Kandel in the underlying action.

The defendant Gentile Auto Repair, Inc. (hereinafter Gentile), a used car dealership, procured a garage liability policy from the defendant John Deere Insurance Company (hereinafter John Deere) which, inter...

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