Vanguard Insurance v. Leary
Court: Appellate Division of the Supreme Court of the State of New York; December 28, 1997; New York; State Appellate Court
Vanguard Insurance Company sought a judgment declaring it had no duty to defend or indemnify Edward J. Leary in various personal injury lawsuits. The Supreme Court, Nassau County, ruled in favor of Vanguard, granting its motion for summary judgment and denying Leary’s cross-motion on December 2, 1996. Subsequently, a judgment on January 28, 1997, confirmed that Vanguard had no obligation to defend or indemnify Leary. The appeals filed by Edward J. Leary and Brenda Dowdell were dismissed due to failure to perfect according to court rules. Additionally, appeals from Charlene Wiggins, Monica Wiggins, and Laurie Moon were also dismissed because their right to appeal from the intermediate order ended with the judgment's entry. The court affirmed the judgment, awarding Vanguard one bill of costs, and noted that issues raised in the dismissed appeals were reviewed in the context of the appeals from the judgment. The decision referenced established case law supporting the conclusion that Vanguard was not required to defend or indemnify Leary. Justices Bracken, O’Brien, Thompson, and Altman concurred with the ruling.