Opinion
October 27, 1978
Appeal from the Monroe Supreme Court.
Present — Marsh, P.J., Moule, Simons, Schnepp and Witmer, JJ. [ 66 A.D.2d 1030.]
Order unanimously modified to provide that in its management of the defense of the defendant Marion L. Thompson in Action No. 2, respondent Utica Mutual Insurance Company shall not interpose the defense of its insured's bankruptcy and, as modified, order affirmed, without costs.