Utica Mutual Insurance v. Government Employees Insurance

In an action for a judgment declaring that the defendant is obligated to indemnify the plaintiff Brian Finneran in an underlying personal injury action entitled Hippolite v State Bancorp., Inc., pending in the Supreme Court, Queens County, under index No. 5174/08, and that a policy of insurance issued by the plaintiff Utica Mutual Insurance Company is excess to the policy issued by the defendant, the defendant appeals from an order of the Supreme Court, Nassau County (Phelan, J.), entered January 20, 2011, which granted the plaintiffs’ motion for summary judgment declaring that the defendant…