Federal Insurance v. ELRAC, Inc.

—In an action for a judgment declaring that the defendant is required to provide a defense and primary insurance coverage to the plaintiffs insured, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (DeMaro, J.), dated September 26, 1997, which declared that the defendant was not required to provide a defense and primary insurance coverage to the plaintiffs insured.

Ordered that the judgment is affirmed, with costs.

The plaintiffs insured (hereinafter the lessee) entered into a rental agreement with the defendant lessor which provided that the lessee would indemnify the…