DUARTE v. STATE FARM INSURANCE COMPANY


289 A.D.2d 367 (2001)

734 N.Y.S.2d 884

JUAN P. DUARTE et al., Appellants, v. STATE FARM INSURANCE COMPANY, Respondent.

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

Decided December 17, 2001.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify George Noriega and Carmen Noriega in the underlying action.

"The insurer bears the burden of proving that the facts alleged in the complaint do not fit within the range of the policy's coverage" (County of Columbia v Continental Ins. Co.,

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