Home Insurance v. Corcoran

Order, Supreme Court, New York County (McGee, J.), entered October 17, 1983, which denied defendant’s motion for summary judgment on her counterclaim, is reversed, on the law, and summary judgment on defendant’s counterclaim is granted, with costs.

Plaintiff’s action for a declaratory judgment arises out of a personal injury and wrongful death action in which defendant Ann Corcoran (Corcoran) and her late husband were struck by an automobile covered under an excess insurance policy by plaintiff, The Home Insurance Company (Home).

The original action awarded Corcoran damages of $1,700,000 in…