Schmiemann v. State Farm Fire & Casualty Co.

In an action for a judgment declaring that the defendants State Farm Fire and Casualty Company and State Farm Insurance Companies are obligated to defend and indemnify the plaintiffs in an underlying action entitled Cubero v Schmiemann, pending in the Supreme Court, Queens County, under Index No. 25728/99, the defendants State Farm and Casualty Company and State Farm Insurance Companies appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 4, 2003, which denied their motion for summary judgment and granted the plaintiffs’ cross motion for summary judgment.

Order…