New York Appeals Court Rules Utica First Not Liable in Wrongful Death Suit
A New York appeals court has ruled that Utica First Insurance Company is not obligated to defend or indemnify Nino & Nino Corp. in a wrongful death lawsuit. The decision, made on May 28, 2025, was based on the fact that Nino & Nino Corp. was not listed on the insurance policy at the time of the accident.
The case originated from a July 2019 incident where Granville Wiltshire, an employee of Door Restaurant Corp., died after sustaining injuries while working at leased premises in Queens. The property was owned by Daniel Nino and leased to Door Restaurant. In December 2019, more than five months after the accident, Nino transferred ownership to Nino & Nino Corp. He passed away in January 2020.
Following the accident, the administrator of Wiltshire’s estate filed a wrongful death suit against Daniel Nino and Nino & Nino Corp. in Queens County. Nino & Nino Corp. and its insurer, Seneca Insurance Company, subsequently sued Utica First Insurance Company, arguing that the business was entitled to defense and indemnification under Utica’s policy with Door Restaurant. However, the policy named “Daniel Nino, c/o Community Realty Corp” and “Firtsultus Inc c/o Daniel Nino” as additional insureds, but did not include Nino & Nino Corp.
Utica First moved to dismiss the complaint under CPLR 3211(a)(1), citing the policy as conclusive evidence that the corporation was not entitled to coverage. The plaintiffs cross-moved for summary judgment, seeking a declaration that Utica had a duty to defend and indemnify the corporation. The Supreme Court, Queens County, denied both motions, but the Appellate Division, Second Department, reversed the ruling in part, siding with Utica.
The court held that a party must be named as an insured or additional insured on the face of the policy as of the date of the incident to be eligible for coverage. Since Nino & Nino Corp. was not listed and had not yet acquired the property when the accident occurred, it was not entitled to defense or indemnification. The case has been remitted to the Supreme Court, Queens County, for entry of judgment declaring that Utica First Insurance Company has no obligation to defend or indemnify Nino & Nino Corp. in the underlying lawsuit.
