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State Farm Ins. Co. v. Frias – Case Brief Summary (New York)

In State Farm Ins. Co. v. Frias, 66 AD3d 997, 887 NYS2d 648 [2d Dept 2009], plaintiff insurance company moved for a default judgment against 7 of 10 defendants, which was granted to the extent of declaring that it was not required to provide coverage to the defaulting defendants on the ground that the accident at issue had resulted from an intentional act.

It then moved for summary judgment against the non-defaulting defendants on the same ground and argued that it was not required to provide coverage to those defendants.

The Court denied the motion, finding that the default judgment bound only the defaulting defendants and could not be given preclusive effect to deprive the non-defaulting defendants of their right to litigate the issues pertaining to coverage.