Plaintiff Argues They Aren’t Obligated to Indemnify the Insured, NY Appellate Court Decides

This case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The case deals with a judgment that stated the plaintiff was not obligated to defend or indemnify its insured, the defendant, in an underlying personal injurycase that is pending in the Supreme Court of Kings County. The plaintiff of the case is appealing the judgment from the case in the same court that denied her cross motion for summary judgment to declare that the disclaimer of coverage issued to the defendant was a not valid against her and that the plaintiff is obligated to defend or indemnify the defendant in the underlying personal injury action.

Court Decision

The court is ordering that the original order from the Supreme Court of Kings County is reversed as appealed from. The cross motion is granted and remitted to the court for the entry of a judgment declaring that the disclaimer of coverage was invalid against he defendant and they are obligated to defend and indemnify their insured in the underlying personal injury action.

The injured defendant of the case has established prima facie in the case showing entitlement to summary judgment in the matter. The injured defendant has established that the notice of disclaimer was not valid in the case against her.

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