COMMERCIAL INSURANCE COMPANY OF NEWARK v. POPADICH

1318, 105397/06

68 A.D.3d 401 (2009)

2009 NY Slip Op 8858

890 N.Y.S.2d 36

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Respondent, v. RONALD POPADICH et al., Defendants, and CHETAN MANGAT, Appellant.

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

Decided December 1, 2009.


Plaintiff insurer seeks a declaration that it owed no duty to defend or indemnify defendant Popadich, the insured, in personal injury actions commenced against him by the other defendants, including Mangat. By his own admission, Popadich, on two dates in February 2002, ran down 27 pedestrians with his automobile on the streets of Manhattan. Plaintiff had appointed counsel to represent Popadich in a Kings County action that ended with an award of summary judgment determining...

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