Tower Insurance v. Mike's Pipe Yard & Building Supply Corp.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered June 5, 2006, which denied plaintiffs motion for summary judgment, unanimously reversed, on the law, with costs, and the motion granted, and it is declared that plaintiff has no duty to defend or indemnify in connection with the underlying personal injury action.

Plaintiff issued a liability insurance policy to defendant Mike’s Pipe Yard and Building Supply, covering the insured’s interests as property owner and plumbing supply distributer. The policy required that in the event of an “occurrence,” the insured must provide…