Appellate Division of the Supreme Court of the State of New York March 21, 2003 (Kipper v. Universal Underwriters Group)

OPINION OF THE COURT

Hayes, J.

Plaintiffs commenced this action seeking, inter alia, a declaration that defendant Universal Underwriters Group (Universal) must assume the defense for plaintiff Louis Kipper in the underlying negligence action against him and provide primary coverage for him. Kipper was involved in an automobile accident while test-driving an automobile owned by defendant N.J.