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Adirondack Ins. Exch. v. Russo

Insurer Need Not Provide Coverage for Claims Asserted in Underlying, Third-Party Actions

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OPINION AND ORDER Adirondack Insurance Exchange (“Plaintiff” or “Adirondack”) commenced this action against Angelo Russo (“Angelo”), Laura Russo (“Laura”) (collectively, “Russo Defendants”), and Interlaken Owners, Inc., (“Interlaken” and together with the Russo Defendants, “Defendants”) on July 27, 2021. (Doc. 1, “Compl.”). Plaintiff seeks a judgment declaring the rights and obligations of the parties under a certain insurance policy issued by Adirondack to Angelo with respect to an alleged incident on August 4, 2020, which resulted in the death of John Brescia Goldstein (“Goldstein”). (Id.

1, 47-48). On October 4, 2021, the Russo Defendants filed identical answers to Adirondack’s Complaint. (Doc. 17; Doc. 18). Interlaken filed an answer on December 1, 2021. (Doc. 20). Pending before the Court is Plaintiff’s motion for summary judgment on its claims pursuant to Federal Rule of Civil Procedure 56, served on Defendants on August 21, 2022. (Doc. 43; Doc. 44, “Maxwell Decl.”; Doc. 45, “Brownsey Aff.”; Doc. 46, “Pl. Br.”). Defendants served opposition to the motion (Doc. 48, “Opp.”) on September 28, 2022, and the motion was fully submitted with the filing of the motion, a Rule 56.1 Statement (Doc. 47, “56.1 Stmt.”), opposition, and Plaintiff’s reply papers (Doc. 49, “Reply Br.”; Doc. 50, “Maxwell Reply Aff.”) on October 12, 2022. For the reasons set forth below, Plaintiff’s motion for summary judgment is GRANTED. BACKGROUND The facts recited below are taken from the Complaint, the Rule 56.1 Statement,¹ and the admissible evidence submitted by the parties. I. The Adirondack Policy Adirondack issued a ONECHOICE HOMEOWNERS POLICY (Policy No. 2004060040) to Angelo for his property at 75 Mill Rd., Eastchester, New York, which was in effect from August 13, 2018 to August 13, 2019 (the “Adirondack Policy”). (56.1 Stmt. 10; Brownsey Aff., Ex. A). Angelo’s spouse, Laura, also qualified as an insured under the Adirondack Policy. (56.1 Stmt.

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