In Cataract Sports & Entertainment Group, LLC v. Essex Ins. Co. , Cataract Sports & Entertainment Group filed suit against its insurance company, Essex Insurance, seeking indemnification in a personal-injury case.
(Apparently, Frank Strangio was playing flag football when he stepped into a rut and was injured on a Cataract owned and operated field.)
After the Niagara County Supreme Court granted Essex's request to dismiss the indemnification claim -- on the grounds the parties' agreement didn't cover Strangio's injury -- Cataract appealed to the Appellate Division, Fourth Department.
Since the policy provided coverage for damages arising out of "ownership, maintenance or use of the premises," the AD4 was of the view Essex was obligated to defend and indemnify Cataract in the underlying negligence case.
Was Essex blinded by Cataract?
For a copy of the Appellate Division's decision, please use this link: Cataract Sports & Entertainment Group, LLC v. Essex Ins. Co.