State Insurance Fund v. Utica First Insurance

Oder, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 25, 2004, which, inter alia, granted defendant’s motion for summary judgment and dismissed the complaint, unanimously modified, on the law, to declare in defendant’s favor that its disclaimer of coverage based on the subject policy’s employee exclusion was proper, and otherwise affirmed, with costs in favor of defendant payable by plaintiff.

Although defendant’s initial disclaimer notice erroneously indicated that the insurance policy was not in effect at the time of the accident, it also clearly advised that…