United States Second Circuit
NGM Ins. Co. v. Blakely Pumping, Inc., 09-1655
In an action by an insurer seeking a declaration that it was not obligated to defend its insured in a personal injury action, summary judgment for defendant is reversed where the policy at issue did not cover defendant's auto under any circumstances and, therefore, the district court erred in finding that New York Insurance Law section 3420(d)(2) required plaintiff to timely disclaim coverage.
Appellate Information
- Argued 12/10/2009
- Decided 02/01/2010
- Published 02/01/2010
Judges
- PER CURIAM:, Before McLAUGHLIN, KATZMANN, LYNCH, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellees:
- Haydn J. Brill, Brill & Associates, P.C., New York, NY, for PlaintiffCounter-Defendant-Appellant., Robert D. Cook, Cook, Netter, Cloonan, Kurtz & Murphy, P.C., Kingston, NY, for Defendants-Counter-Claimants-Appellees., Paul J. Goldstein, Goldstein & Metzger, LLP, Poughkeepsie, NY, for Defendants-Appellees.