Szczukowski v. Progressive Northeastern Insurance

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered December 13, 2011 in a declaratory judgment action. The judgment, inter alia, declared that defendant is obligated to provide coverage to its insured in the underlying action.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and judgment is granted in favor of defendant as follows:

It is adjudged and declared that defendant is not obligated to provide coverage to its insured in the underlying action.

Memorandum:…