H P Pharmacy v. Cigna Prop. Cas. Co.

Full title: H P PHARMACY, INC., Appellant, v. CIGNA PROPERTY AND CASUALTY COMPANIES…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 1994

201 A.D.2d 703 (N.Y. App. Div. 1994)

609 N.Y.S.2d 841

Opinion

February 28, 1994

Appeal from the Supreme Court, Kings County (Yoswein, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the allegations in the underlying complaint involve acts which are not covered under the plaintiff's insurance policy. Therefore, the defendant Cigna Property and Casualty Companies has no duty to defend the plaintiff in the underlying action (see, Meyers Sons Corp. v Zurich Am. Ins. Group, 74 N.Y.2d 298, 302-303). Balletta, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.