Tower Insurance v. Rong Rong Sun

Order, Supreme Court, New York County (Richard F. Braun, J), entered August 11, 2011, which, to the extent appealed from as limited by the briefs, denied plaintiff insurer’s motion for summary judgment declaring that it is not obligated to indemnify or defend its insured, defendant Andy Xu, in the underlying personal injury action, reversed, on the law, the motion granted, without costs, and it is so declared.

On this record, plaintiff, Tower Insurance Company of New York, is entitled to summary judgment declaring it free of any obligation to defend or indemnify its insured in the underlying…