Appellate Division of the Supreme Court of the State of New York June 23, 2009 (XL Insurance America, Inc. v. Lumbermens Mutual Casualty Co.)

Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 13, 2009, which denied defendant’s motions to dismiss and for summary judgment and granted plaintiffs cross motion for summary judgment to the extent of declaring that defendant has a duty to defend and indemnify in the underlying personal injury action, unanimously reversed, on the law, with