Harrell v. State Farm Insurance Company

Appeal from an order of the Supreme Court (Melkonian, J.), entered August 4, 2014 in Ulster County, which, among other things, granted defendant’s motion for summary judgment declaring that it had no duty to defend or indemnify plaintiffs in an underlying action.

Plaintiff William Harrell (hereinafter Harrell) was operating a motor vehicle belonging to his father, plaintiff George Birdwell, when he was involved in a collision with a second vehicle. Harrell’s wife, Trina Harrell, who was then pregnant with the couple’s child (hereinafter the child), was a passenger in Harrell’s vehicle at the…