Erie Insurance Group v. Nationwide Mutual Fire Insurance

Order unanimously modified on the law and as modified affirmed with costs to defendant Nationwide in accordance with the following Memorandum: Plaintiff Blose took his van to defendant Unibrand, Inc., doing business as Broad Elm Service & Tire for service and repairs. Broad Elm’s employee, Schwindler, was test driving the van when he collided with another vehicle. The passenger in that vehicle commenced a personal injury action against various parties, including Blose, Broad Elm and Schwindler. Blose and his insurer, Erie Insurance Group, commenced this action for declaratory judgment and…