American Equity Insurance v. A & B Roofing, Inc.

In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify A & B Roofing, Inc., in an underlying action entitled Harris v 1345 Hewlett Owners, Inc., commenced in the Supreme Court, Suffolk County, under index No. 03-27653, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), entered December 15, 2009, as denied its motion for summary judgment declaring that it is not obligated to indemnify A & B Roofing, Inc., in the underlying action.

Ordered that the order is reversed insofar as appealed from, on the law,…