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PROVIDENT INS. v. ALLSTATE INS.

33 Misc.2d 530 (1962)

Provident Insurance Company of New York, Plaintiff, v. Allstate Insurance Company et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

April 17, 1962

Attorney(s) appearing for the Case

Richard Formidoni for plaintiff. McCarthy & McGrath (James G. Callahan of counsel), for Allstate Insurance Company, defendant. MacIntyre Burke & Downey (Luke Burke of counsel), for Utica Mutual Insurance Company, defendant.

ABRAHAM N. GELLER, J.

This action for a declaratory judgment involves a controversy among three liability insurance companies — Provident as plaintiff and Allstate and Utica as defendants — relative to their obligations of defense and indemnification under their respective policies with regard to a pending action for personal injuries. Since the amount therein sued for is within the limits of...

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