Castlepoint Insurance v. Jaipersaud

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered August 19, 2013, which denied plaintiffs motion for summary judgment seeking a declaration that it has no duty to defend or indemnify under defendant insureds’ policy, unanimously reversed, on the law, without costs, the motion granted, and it is declared that plaintiff is under no duty to defend or indemnify the defendant insureds in the personal injury action brought against them by defendant Fernando. The Clerk is directed to enter judgment accordingly.

Plaintiff demonstrated prima facie through the insured’s admission in a…