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MATTER OF TRANSTATE INSURANCE COMPANY ESTIMINET, INC.

303 A.D.2d 516 (2003)

756 N.Y.S.2d 441

In the Matter of TRANSTATE INSURANCE COMPANY. ESTIMINET, INC., Appellant; NEW YORK STATE SUPERINTENDENT OF INSURANCE, as Liquidator of TRANSTATE INSURANCE COMPANY, Respondent.

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

Decided March 10, 2003.

Ordered that the order is affirmed, with costs.

It is well settled that an insurance carrier can be relieved of its duty to defend if it establishes, as a matter of law, that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured under any policy provision (see Spoor-Lasher Co. v Aetna Cas. & Sur. Co., 39 N.Y.2d 875, 876 [1976]; Allstate Ins. Co. v Bostic,

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