Acorn Ponds, Inc. v. Hartford Insurance

In an action for a declaratory judgment obligating defendant to indemnify and defend plaintiffs, defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated September 16, 1983, which rejected its disclaimer of coverage and ordered it to assume the defense of the underlying action commenced against plaintiffs.

Order reversed, on the law, with costs, defendant’s disclaimer of liability is hereby declared valid and it is declared that defendant is not required to defend and indemnify plaintiffs in the underlying negligence action.

Plaintiffs are builders involved in the…