VILLAGE OF SYLVAN BEACH v. TRAVELERS INDEM. CO.

No. 1402, Docket 94-7869.

55 F.3d 114 (1995)

The VILLAGE OF SYLVAN BEACH, NEW YORK, Plaintiff-Appellee, v. The TRAVELERS INDEMNITY COMPANY, and The Travelers Insurance Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 24, 1995.


Attorney(s) appearing for the Case

Robert J. Smith, Syracuse, NY, (Costello, Cooney & Fearon), for defendants-appellants.

Carl J. Cochi, Utica, NY, for plaintiff-appellee.

Before: OAKES, KEARSE, and LEVAL, Circuit Judges.


LEVAL, Circuit Judge:

Defendants Travelers Insurance Company and Travelers Indemnity Company ("Travelers") appeal from Judge Scullin's grant of partial summary judgment to the insured plaintiff, the Village of Sylvan Beach, New York (the "Village"), declaring that Travelers must furnish a defense to the Village against a wrongful death claim.

Background

At the Village, there is a beach on the shore of Oneida Lake. On August 8, 1992, Tammy...

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