County of Chemung v. Hartford Casualty Insurance

OPINION OF THE COURT

D. Bruce Crew, III, J.

In this declaratory judgment action plaintiff seeks summary judgment declaring that defendant is obligated to provide a defense and indemnify plaintiff for all claims brought against it and its employees by Richard Andrus and Esther Andrus, individually and on behalf of their minor child, Christine Andrus, in a pending Federal District Court action (hereinafter the Andrus action).1 Defendant has submitted no answer*649ing affidavit, admitting that there are no factual issues to resolve. Defendant contends that, as a matter of law, the court should declare…