MAUGHN v. RLI INSURANCE COMPANY

2009-01110

68 A.D.3d 1067 (2009)

2009 NY Slip Op 9625

892 N.Y.S.2d 172

JEFFREY MAUGHN et al., Plaintiffs, v. RLI INSURANCE COMPANY, Appellant, and FAY NEISS et al., Respondents.

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

Decided December 22, 2009.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion which was, in effect, for summary judgment declaring that the defendant RLI Insurance Company is obligated to defend and indemnify the defendant Neiss Management Corp. in the underlying personal injury action and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof, in effect, denying that branch...

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