Bashor v. Excess Insurance

In an action for a declaration that defendants are obligated to defend plaintiff in another action, plaintiff appeals from an order of the Supreme Court, Dutchess County (Quinn, J.), dated October 10, 1979, which granted defendants’ motion for summary judgment to the extent of declaring that the defendants are not obligated to defend plaintiff. Order affirmed, with $50 costs and disbursements. Defendants issued a policy of insurance to plaintiff’s employer, Merit Department Store, Inc., which is the named insured. Pursuant to the language of that policy an employee such as plaintiff is not…