Nationwide Mutual Insurance v. Erie & Niagara Insurance

—Judgment unanimously affirmed with costs.

Memorandum: In this declaratory judgment action between two insurers, defendant appeals from a judgment that granted plaintiffs motion for summary judgment and declared that defendant had issued a farmowner’s insurance policy under which it must cover the liability of defendant’s insured and his employee arising out of the ownership, use, and operation of a 1983 Dodge pick-up truck that was involved in an accident with a vehicle driven by plaintiffs insured. Defendant contends that the policy unambiguously excludes coverage for liability arising out…