AIU Insurance v. American Motorists Insurance

Order and judgment (one paper), Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 8, 2003, which, in this action for a declaratory judgment, granted summary judgment to defendant American Motorists Insurance Co. (AMI) against defendant St. Paul Fire and Marine Insurance Co. (St. Paul) and declared that St. Paul had the duty to defend plaintiffs in the underlying action, and that St. Paul provide coprimary coverage to plaintiffs and reimburse plaintiff AIU Insurance Co. (AIU) for 50% of the monies it expended in defense of the *84underlying action, unanimously reversed, on the…