Lobczowski v. United Frontier Mutual Insurance

Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered August 13, 2001, which, inter alia, denied the cross motion of defendant United Frontier Mutual Insurance Company for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action seeking a declaration that defendant United Frontier Mutual Insurance Company (United) must defend and indemnify defendant Philip K. Birdsall, doing business as Phil’s Home Improvement Co. (Birdsall), in the underlying personal…