Farm Family Casualty Insurance v. Brady Farms, Inc.

Memorandum:

Plaintiff commenced this action seeking a declaration that it has no duty to defend or indemnify defendant, the owner and operator of a farm, in connection with fatal injuries sustained by defendant’s employee (hereafter, decedent) while working at the farm. At the time of the accident, defendant was insured under a primary policy issued by plaintiff, entitled the Special Farm Package “10” policy (hereafter, Package policy), as well as an umbrella policy also issued by plaintiff. Defendant did not have workers’ compensation insurance at that time. Supreme Court thereafter granted…