Empire Insurance v. San Miguel

Judgement, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 11, 2013, which granted plaintiff Empire Insurance Company’s motion for summary judgment declaring that it had no obligation to defend or indemnify its insured, defendant Robert San Miguel, in the underlying action, *540unanimously affirmed, without costs. Appeal from order, same court and Justice, entered May 10, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The Empire policy states, in relevant part: “[o]ur obligation to defend any claim or suit ends when the amount we pay…