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NATIONWIDE MUTUAL INSURANCE COMPANY v. CNA INSURANCE COMPANY

286 A.D.2d 485 (2001)

729 N.Y.S.2d 760

NATIONWIDE MUTUAL INSURANCE COMPANY et al., Appellants, v. CNA INSURANCE COMPANY, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 27, 2001.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, the plaintiffs' cross motion is granted, the separate cross motion of the defendant CNA Insurance Company is denied, and it is declared that the defendant CNA Insurance Company is obligated to provide excess liability insurance coverage for the plaintiff Michael Macchiarola in the underlying action; and it is further,...

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