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NAT'L GRANGE INS. CO. v. CERVANTES

46 Misc.2d 528 (1965)

National Grange Mutual Insurance Company of Keene, New Hampshire, Plaintiff, v. Arthur Cervantes et al., Defendants.

Supreme Court, Equity Term, Albany County.

May 3, 1965

Attorney(s) appearing for the Case

Oliver, Scully & Delaney (John J. Scully of counsel), for plaintiff. Earle J. Wiley and James Clayton Straney for Arthur Cervantes and another, defendants. Pierce H. Russell for Romeo F. Boudreau, defendant.

R. WALDRON HERZBERG, J.

Plaintiff seeks a judgment declaring that its assured, the defendant Arthur Cervantes, and the defendant John Dahoda, Jr., who was the operator of the assured's vehicle, should not be afforded a defense, protection or coverage under a liability insurance policy issued to Cervantes in an action brought by defendant, Romeo Boudreau, as administrator of Michael F. Boudreau, deceased, for the wrongful death of Michael F. Boudreau as...

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