Reliance Insurance v. State Farm Mutual Automobile Insurance

In an action for a judgment declaring, inter alia, that the plaintiff is entitled to reimbursement from the defendant based on the defendant’s wrongful refusal to tender the proceeds of a certain automobile insurance policy, the defendant appeals from an order of the Supreme Court, Nassau County (Lockman, J.), entered September 26, 1996, which granted the plaintiff’s motion for summary judgment and denied its cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, the com*457plaint is…