Royal Indemnity Co. v. Miller

Order unanimously reversed on the law without costs, motion denied, complaint reinstated, cross motion granted and judgment granted in accordance with the following Memorandum: Royal Indemnity Company, the plaintiff in action No. 1, commenced a declaratory judgment action against defendants, seeking a declaration that it has no duty to provide coverage to the defendants nor to defend or indemnify defendants Kathy and Daniel Miller in an action brought against Daniel Miller by defendant Ellis (action No. 2). According to the complaint in action No. 2, in February 1989 *957Daniel Miller kicked and…