Hout v. Coffman

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The court properly denied plaintiffs’ motion to dismiss this declaratory judgment action insofar as it concerns the question of the insurer’s duty to defend in the underlying action, but erred in failing to dismiss the complaint insofar as it seeks a declaration that the insurer is not obligated to indemnify defendant. An action to declare the insurer’s duty to indemnify is premature and does not lie where the complaint in the underlying action alleges several…