Chapman v. American Motorists Insurance

This is a motion brought by defendant, Lurie Agency, Inc. (hereinafter referred to as Lurie) to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7). The complaint seeks a declaratory judgment determining that coverage existed under the terms of a policy issued by defendant American Motorists Insurance Company (hereinafter referred to as American) on the date of the accident described therein. In the alternative plaintiff requests that defendant, Lurie, be declared liable to indemnify and defend in place of American.

Defendant Lurie admits there is a…