Oest v. Excelsior Insurance National-Nederlanden North American Property & Casualty Group

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

The court properly granted summary judgment in favor of defendant insurer dismissing the complaint. In a prior action for a declaratory judgment commenced by defendant’s insured, judgment was entered declaring that defendant had no duty to defend and/or indemnify the insured in the underlying action instituted by plaintiffs herein against the insured. Plaintiffs subsequently obtained judgment in their favor in the underlying action, and thereafter instituted the instant action against the defendant insurer for…