Smith v. Employer's Fire Insurance

The petitioner has commenced this action for a declaratory judgment defining the rights and obligations of petitioner and respondent under the policy of insurance described in the complaint. Specifically, the action seeks to compel the respondent to defend and indemnify the petitioner in an action pending in Supreme Court, Tompkins County, in which certain defendants have interposed a cross claim against the petitioner. While not specifically so designated, this motion is a motion by the petitioner for a summary judgment in the action.

Kathleen Smith, the wife of the petitioner, was injured in…