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POMPEII v. PHOENIX ASSURANCE CO. OF NEW YORK

7 A.D.2d 806 (1958)

Michael Pompeii, Doing Business as Al's Welding Shop, Appellant, v. Phoenix Assurance Company of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1958

Plaintiff was the assured named in a comprehensive general automobile liability policy. This action was brought to recover moneys paid by him in the settlement of an action brought against him by a customer for property damages, and for counsel fees paid to defend such action. The policy in question contains the following exclusion clause: "This policy does not apply: * * * (j) under Coverage D, to injury to or destruction of * *...

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