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FORTRESS INSURANCE COMPANY v. KOLLANDER

41 A.D.3d 423 (2007)

837 N.Y.S.2d 327

FORTRESS INSURANCE COMPANY, Respondent, v. STEVEN A. KOLLANDER, Appellant.

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

Decided June 5, 2007.

Ordered that the orders are affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant in the underlying action.

An insurer can be relieved of its duty to defend by establishing, as a matter of law, that there is no possible factual or legal basis upon which it might eventually...

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