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MATTER OF GENERAL ASSURANCE COMPANY v. GARCIA

37 A.D.3d 466 (2007)

830 N.Y.S.2d 237

In the Matter of GENERAL ASSURANCE COMPANY, Appellant, v. CHRISTIAN C. GARCIA et al., Respondents, and ALBEIRO RIVERA et al., Additional Respondents.

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

Decided February 6, 2007.

Ordered that the order and judgment is affirmed, with costs.

State Farm Automobile Mutual Insurance Company demonstrated that it met the requirements set forth in Thrasher v United States Liab. Ins. Co. (19 N.Y.2d 159, 168-169 [1967]) (see Matter of Empire Mut. Ins. Co. [Stroud—Boston Old Colony Ins. Co.], 36 N.Y.2d 719, 721 [1975]) to disclaim coverage on the ground of lack...

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