Allstate Insurance v. Roberts

Appeal from a judgment (denominated order) of Supreme Court, Orleans County (Punch, J.), entered October 17, 2001, which denied in part plaintiff’s motion for summary judgment.

It is hereby ordered that the judgment so appealed from be *821and the same hereby is modified on the law by further granting that part of the motion of plaintiff with respect to the wrongful death cause of action and granting judgment as follows:

It is adjudged and declared that plaintiff is not required to defend or indemnify defendant Eugene Roberts with respect to the wrongful death cause of action, and as modified the…