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PROGRESSIVE NORTHEASTERN INS. CO. v. STATE FARM INS. COMPANIES

1583 CA 10-00264.

81 A.D.3d 1376 (2011)

916 N.Y.S.2d 454

PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Respondent, v. STATE FARM INSURANCE COMPANIES et al., Respondents, and CHARTER OAK FIRE INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided February 10, 2011.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion of defendant Gabe's Auto in its entirety, vacating in part the 4th decretal paragraph and vacating in their entirety the 7th and 10th decretal paragraphs, and granting judgment in favor of defendant Charter Oak Fire Insurance Company as follows:

It is adjudged and declared that defendant Charter Oak Fire Insurance Company is not obligated to defend or indemnify...

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