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NATIONWIDE MUT. INS. v. EXCH. MUT. INS.

49 Misc.2d 707 (1966)

Nationwide Mutual Insurance Company, Plaintiff, v. Exchange Mutual Insurance Company, Defendant.

Supreme Court, Onondaga County.

March 31, 1966

Attorney(s) appearing for the Case

Bond, Schoeneck & King (John F. Rafferty and Francis E. Maloney, Jr., of counsel), for plaintiff. Hancock, Ryan, Shove & Hust (William L. Allen, Jr., of counsel), for defendant.

JAMES H. O'CONNOR, J.

This action was commenced and submitted to the court upon an agreed statement of facts pursuant to CPLR 3222.

The court is asked to decide upon the agreed facts, whether the plaintiff herein, Nationwide Mutual Insurance Company, is required to defend and pay, upon proof of liability, a certain action brought for damages arising out of a motor vehicle accident which occurred on May...

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