Opinion
February 27, 1987
Appeal from the Supreme Court, Onondaga County, Balio, J.
Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.
Order unanimously modified on the law by deleting the second decretal paragraph, and as modified affirmed without costs. Memorandum: Special Term correctly denied defendant insurance companies' motions to dismiss. We do not, however, agree with Special Term that an order compelling the insurance companies to defend the action brought against Approved Pharmaceutical for indemnity should have been granted. Before applying the principles set forth in O'Dowd v. American Sur. Co. ( 3 N.Y.2d 347), there must first be a determination that liability coverage exists. No such determination has been made.