NEW YORK - A New York appeals court on Nov. 12 found that a lower court erred in denying an insurer's motion for summary judgment in its suit seeking a declaration that it has no duty to defend or indemnify its insured against an underlying personal injury lawsuit (American Home Assurance Co. v Highrise Construction Co., et al., No. 11004, 110838/10, N.Y. Sup., App. Div., 1st Dept.; 2013 N.Y. App. Div. LEXIS 7383).