CHARLESTOWNE FLOORS, INC. v. FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.


16 A.D.3d 1026 (2005)

791 N.Y.S.2d 748

CHARLESTOWNE FLOORS, INC., Appellant, v. FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., Respondent, et al., Defendant.

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

March 18, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the complaint and granting judgment in favor of defendant Fidelity and Guaranty Insurance Underwriters, Inc. as follows: "It is adjudged and declared that defendant Fidelity and Guaranty Insurance Underwriters, Inc. has no duty to defend or indemnify plaintiff in the underlying arbitration proceeding and as modified the judgment...

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