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STATE FARM MUT. INS. CO. v. BROWN

40 Misc.2d 694 (1963)

State Farm Mutual Automobile Insurance Company, Plaintiff, v. Willie Brown et al., Defendants, and Motor Vehicle Accident Indemnification Corporation, Intervenor-Defendant.

Supreme Court, Trial and Special Term, Ontario County.

October 31, 1963

Attorney(s) appearing for the Case

Bayer & Vogt (Harold C. Bayer of counsel), for plaintiff. Moynihan, Scalzo, Hamsher & Robinson (Richard L. Robinson of counsel), for Willie Brown, defendant. Taylor & Taylor (Daniel R. Taylor of counsel), for Charles B. Engert and another, defendants. Traynor & Skehan (J. Frank Traynor of counsel), for intervenor-defendant. Bonney & Nicit (John C. Nicit of counsel), for Elaine McAvoy and another, defendants.

G. ROBERT WITMER, J.

In this declaratory judgment action plaintiff asks the court to determine that it is not obligated on its casualty insurance policy, issued to defendant Willie Brown, to defend him or to pay any judgment which may be recovered against him. The Motor Vehicle Accident Indemnification Corporation, hereinafter referred to as the MVAIC, has been permitted to intervene as a defendant, and it...

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