- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 08 2013 (Date Decided)
- Tom, J.P., Andrias, Freedman, Román, Gische, JJ.
8958. QBE INSURANCE CORPORATION plf-ap, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, def-res, 33RD STREET BAKERY, INC. def — Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Michael E. Gorelick of counsel), for ap — Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York (Kenneth M. Portner of counsel), for res — Order, Supreme Court, New York County ((Milton A. Tingling, J.), entered April 18, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiffs' cross motion for summary judgment, unanimously reversed, on the law, with costs, plaintiffs' cross motion granted, and it is declared that the insurance policy issued by defendant insurer, Public Service Mutual Insurance Company (PSM), is primary for plaintiff Dierks Heating Company, Inc. (Dierks), its additional insured, and that it has a duty to defend and indemnify Dierks in the underlying personal injury action, and reimburse Dierks' insurer for attorneys' fees and expenses.