Niagara County v. Utica Mutual Insurance

OPINION OF THE COURT

Joseph P. Kuszynski, J.

Plaintiff, the County of Niagara (County) moves pursuant to *815CPLR 3212 for summary judgment in its declaratory judgment action brought to determine defendant Utica Mutual Insurance Company’s (Utica Mutual) obligation to defend it in the series of actions commonly known as the “Love Canal” litigation.

While the County’s declaratory judgment action seeks determination as to both Utica Mutual’s duty to indemnify as well as to defend, the parties stipulated on oral argument that for purposes of this motion, the issue be limited to the duty to defend.…