9

Contracts

A. INSURANCE

17 A.D.3d 1134, 796 N.Y.S.2d 204

Supreme Court, Appellate Division, Fourth

Department, New York

ESSEX INSURANCE COMPANY,

PLAINTIFF-APPELLANT v. LAWANDA

YOUNG, DEFENDANT, DWIGHT

HICKS, BRIAN J. NELSON AND

8-BALL LAUNDRY LOUNGE,

INC., DOING BUSINESS AS GROOVE,

DEFENDANTS-RESPONDENTS.

April 29, 2005

Background

Lounge owner’s liability carrier commenced action seeking judgment declaring that it had no obligation to defend or indemnify bouncer or lounge owner in patron’s underlying personal injury action. The Supreme Court, Erie County, declared that carrier had a duty to defend and indemnify, and carrier appealed.

Holding

The Supreme Court, Appellate Division, held that lounge patron’s causes of action against ...

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