UTICA MUTUAL INSURANCE COMPANY v. JOHNSTON


62 A.D.3d 692 (2009)

878 N.Y.S.2d 426

UTICA MUTUAL INSURANCE COMPANY, Respondent, v. WILLIAM JOHNSTON et al., Appellants.

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

Decided May 5, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the complaint is granted.

The plaintiff, Utica Mutual Insurance Company, owns 100% of its subsidiary, Utica National Assurance Company (hereinafter Utica National). The plaintiff is also a member of the Utica National Insurance Group, to which Graphic Arts Mutual Insurance Co. (hereinafter Graphic...

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