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R. FERRARO COLLISION, INC. v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY

47 A.D.3d 696 (2008)

850 N.Y.S.2d 491

R. FERRARO COLLISION, INC., Respondent, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Also Known as UNIVERSAL UNDERWRITERS GROUP, Appellant.

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

Decided January 15, 2008.

Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant is not obligated to indemnify the plaintiff in the sum of $134,917.

The plaintiff, an automobile body repair shop, commenced this action against the defendant insurance company, inter alia, for a judgment declaring that the defendant is obligated to indemnify...

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