Cohen v. Medical Malpractice Insurance Pool

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered April 30, 2007, which, in a declaratory judgment action involving defendant-appellant insurer’s obligation to defend and indemnify plaintiff in an underlying action for personal injuries, denied the insurer’s motion for summary judgment, unanimously reversed, on the law, with costs, the motion granted, and it is declared that the insurer is not obligated to defend or indemnify plaintiff in the underlying action.

Plaintiffs in the underlying action allege, inter alia, that plaintiff herein rendered negligent genetic…