Appellate Division of the Supreme Court of the State of New York February 13, 1997 (Jubin v. St. Paul Fire & Marine Insurance)

Casey, J.

Appeal from an order of the Supreme Court (Keegan, J.), entered November 2, 1995 in Albany County, which, inter alia, granted defendant St. Paul Fire and Marine Insurance Company’s cross motion for summary judgment and declared that it was not obligated to defend plaintiff on the underlying action.

Plaintiff commenced this action to obtain a judgment declaring that defendant St.