EMPIRE FIRE AND MARINE INSURANCE COMPANY v. EVEREADY INSURANCE COMPANY


48 A.D.3d 406 (2008)

851 N.Y.S.2d 647

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Respondent, v. EVEREADY INSURANCE COMPANY, Appellant.

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

Decided February 5, 2008.


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of judgment declaring that the defendant is not obligated to provide any coverage in the subject underlying personal injury actions.

"`[C]ourts bear the responsibility of determining the rights or obligations of parties under insurance contracts based on the specific language...

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