Eastern Mutual Insurance v. Kleinke

Appeal from an order of the Supreme Court (Keegan, J.), entered June 14, 2002 in Albany County, which granted a motion by defendant Cambridge Valley Agricultural Society, Inc. for costs and counsel fees.

In connection with an E-coli outbreak at the Washington County Fair, a negligence action was commenced against plaintiffs insureds. Based on an exclusion in its liability policy, plaintiff commenced a declaratory judgment action to determine if it was to defend or indemnity its insureds, including defendant Cambridge Valley Agricultural Society, Inc. (hereinafter defendant). Ultimately, by…