Duffin v. Colonial Indemnity Insurance

—Judgment unanimously reversed on the law without costs and judgment granted in accordance with the following Memorandum: Supreme Court erred in granting judgment in favor of plaintiff declaring that defendant Colonial Indemnity Insurance Company (Colonial) is obligated to defend and indemnify Michael Kerns, doing business as Balloons Restaurant (defendant), in an action commenced by plaintiff in Federal court against defendant. Plaintiff was injured during an altercation at defendant’s restaurant on July 29, 1990. Defendant and his wife, who were both at the restaurant at the time of the…