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QUINCY MUT. FIRE INS. CO. v. ENOE

2011-10831, (Index No. 13379/10).

107 A.D.3d 775 (2013)

967 N.Y.S.2d 130

2013 NY Slip Op 4320

QUINCY MUTUAL FIRE INSURANCE COMPANY, Respondent, v. MARTIN ENOE, Appellant, et al., Defendants.

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

Decided June 12, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff is not obligated to defend and indemnify the defendant Martin Enoe in the underlying personal injury action.

Insurance Law § 3420 (d) (2) provides that if "an insurer shall disclaim liability or deny coverage for death or bodily...

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