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ROULES v. STATE FARM INSURANCE COMPANIES

59 A.D.3d 514 (2009)

873 N.Y.S.2d 183

SEVASTIAN ROULES, Respondent, v. STATE FARM INSURANCE COMPANIES, Appellant, et al., Defendant.

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

Decided February 10, 2009.

Ordered that the order is reversed, on the law, with costs, the motion of the defendant State Farm Insurance Companies for summary judgment is granted, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that State Farm Insurance Companies is not obligated to defend or indemnify the defendant Jose A. Rodriguez in the underlying action.

Contrary to the determination of the Supreme Court, the timeliness of the disclaimer...

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