GRE Insurance Group v. GMA Accessories, Inc.

OPINION OF THE COURT

Carol E. Huff, J.

This action is brought by plaintiff for a declaratory judgment that it has no duty to defend or indemnify defendant in another action pending in Federal District Court. Defendant moves, pursuant to CPLR 3212, for partial summary judgment on its first and third counterclaims: (i) declaring that plaintiff has a duty to defend defendant in the Federal action, (ii) finding plaintiff to be in breach of contract because of its failure to defend defendant, (iii) awarding defendant the legal expenses and fees incurred by it in defending the Federal action, and…