Fidelity & Casualty Co. of New York v. Envirodyne Engineers, Inc.

This appeal arises from the trial court’s determination in a declaratory judgment proceeding that the plaintiff, The Fidelity & Casualty Company of New York (Fidelity), was under no obligation to defend or indemnify its insured, defendant Envirodyne Engineers, Inc. (Envirodyne), in a separate personal injury claim filed by one Ben E. Guzman. Envirodyne was insured by Fidelity under a comprehensive general liability policy. The policy contained an exclusion providing: “It is agreed that the insurance does not apply to bodily injury or property damage arising out of the rendering of or the…