XL Insurance America, Inc. v. Lumbermens Mutual Casualty Co.

Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 13, 2009, which denied defendant’s motions to dismiss and for summary judgment and granted plaintiffs cross motion for summary judgment to the extent of declaring that defendant has a duty to defend and indemnify in the underlying personal injury action, unanimously reversed, on the law, with costs, defendant’s motion for summary judgment granted and plaintiffs cross motion denied, and it is declared that defendant has no duty to defend or indemnify.

Although not addressed by the motion…