City of New York v. Greenwich Insurance

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered April 19, 2011, which denied plaintiffs’ cross motion for summary judgment declaring that defendant has a duty to defend and indemnify plaintiffs, and denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant the cross motion and declare that *733defendant insurer has a duty to defend and indemnify plaintiffs in the underlying personal injury action, and otherwise affirmed, without costs.

Under Insurance Law § 3420 (d) (2), an insurer wishing to deny coverage for death or…