SOUTH W. MAR. & GEN. INS. CO. v. FALLS LAKE NATL. INS. CO.

Index No. 150713/21. Appeal No. 17016. Case No. 2022-00212.

211 A.D.3d 655 (2022)

179 N.Y.S.3d 559

2022 NY Slip Op 07527

South West Marine and General Insurance Company et al., Appellants, v. Falls Lake National Insurance Company, Respondent.

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

Decided December 29, 2022.


Attorney(s) appearing for the Case

Smith Mazure, P.C., New York ( Joel M. Simon of counsel), for appellants.

Miranda Slone Sklarin Verveniotis, Mineola ( Steven Verveniotis of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Singh, Moulton, Mendez, JJ.


Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered December 30, 2021, which granted defendant's CPLR 3211(a)(1) motion to dismiss and declared that defendant has no duty to defend or indemnify plaintiffs in the underlying personal injury action, and denied plaintiffs' motion for summary judgment, unanimously affirmed, with costs.

The language in defendant insurer's policy, which excludes coverage for bodily injury to any employee of any insured...

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