Opinion
February 28, 1985
Appeal from the Supreme Court, New York County (Blyn, J.).
The comprehensive dishonesty, disappearance and destruction policy is clearly an indemnity policy, basically providing coverage against employee dishonesty, and the benefits of which run only to the Pressmen's Union and certain specified affiliates, none of whom is a plaintiff herein. It is not a liability policy. Nor does the policy obligate the insurer to provide a defense in connection with any legal proceeding brought against an insured. Thus, defendant Aetna Casualty was entitled to a dismissal of the complaint and declaration in its favor as to that particular policy. As to the pension and welfare fund fiduciary responsibility policy, which is a liability policy, we agree that dismissal of the complaint under either CPLR 3211 (a) (1) or (7) is inappropriate at this time since, at the very least, an issue of fact is presented concerning plaintiffs' status as employees of the Pressmen's Union and the Fund in the Federal litigation. Nor can we find, as a matter of law, that any of the exclusions apply.
Concur — Sullivan, J.P., Carro, Asch and Fein, JJ.