Nationwide Insurance Co. of America v. Porter

Lahtinen, J.P

Appeal from an order and judgment of the Supreme Court (Rumsey, J.), entered January 23, 2013 in Tompkins County, which, among other things, granted plaintiffs motion for summary judgment and declared that plaintiff had no duty to defend or indemnify defendant Andrew R. Porter.

Defendant Andrew R. Porter’s 1994 Chevrolet truck was insured in 2008 by plaintiff. During the term of the policy, Porter sold the truck to a junkyard and then traded his all terrain vehicle (hereinafter ATV) to his employer, Cory Elmore, for a 1987 Dodge Aries. Porter took possession of the Dodge before…