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SCHMIEMANN v. STATE FARM FIRE AND CASUALTY COMPANY

13 A.D.3d 514 (2004)

786 N.Y.S.2d 572

MATTHEW SCHMIEMANN et al., Respondents, v. STATE FARM FIRE AND CASUALTY COMPANY et al., Appellants, et al., Defendants.

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

December 20, 2004.

Ordered that the order is reversed, on the law, with costs, the cross motion is denied, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendants State Farm Fire and Casualty Company and State Farm Insurance Companies are not obligated to defend and indemnify the plaintiffs in the underlying personal injury action entitled Cubero v Schmiemann, pending in the Supreme Court, Queens...

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