Pallotta v. Aetna Insurance

This motion by plaintiff for summary judgment is granted to the extent of declaring that defendant, Empire Mutual Insurance Company is obligated to defend plaintiff in the two actions brought against him for personal injuries and wrongful death, and as to defendant Aetna, Insurance Company is denied without prejudice to renewal on papers including the Aetna policy.

It is not possible to determine on the present papers whether both carriers are, or only Empire is, obligated to defend. That both may be is clear from Everlast Sporting Goods Mfg. Co., v. Aetna Ins. Co. (23 A D 2d 641) but the only…