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ZIMMERMAN v. PEERLESS INSURANCE COMPANY

2010-05305.

85 A.D.3d 1021 (2011)

926 N.Y.S.2d 124

2011 NY Slip Op 5491

ERWIN ZIMMERMAN, Respondent-Appellant, v. PEERLESS INSURANCE COMPANY, Appellant-Respondent.

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

Decided June 21, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, the defendant's motion for summary judgment declaring that it is not obligated to defend or indemnify Erwin Zimmerman in the underlying action is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant, Peerless Insurance Company, is not obligated to defend and indemnify Erwin Zimmerman in the underlying action entitled Angst...

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