Otsego Mutual Fire Insurance v. Darby

In this action tried before the court without a jury, plaintiff seeks a judgment declaring (1) that it properly disclaimed under a homeowner’s policy of insurance issued by it to the defendants John H. Darby and Charlotte Darby, his wife, with respect to an incident involving their son, the defendant Dennis Darby, an infant, and the defendant, George Scunziano, Jr., also an infant, and (2) that it is not obligated under said policy to defend, on behalf of the defendants John H. Darby, Charlotte Darby and Dennis Darby, an action brought by the defendant Trustees of the Board of Education,…