Seneca Insurance v. Cimran Co.

OPINION OF THE COURT

Saxe, J.

This appeal provides us, once again, with the opportunity to reiterate and reaffirm an ancient principle of insurance law: that insurance coverage cannot be imposed based on liability for which insurance was not purchased or provided.

*168While summary judgment was properly denied to plaintiff, Seneca Insurance Company, on its cause of action seeking a declaration that the insurance policy it issued to defendants is void ah initio, we modify to grant Seneca’s motion for summary judgment declaring, upon its second cause of action, that it has no duty to defend and…