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LUMBERMEN'S MUT. CAS. CO. v. BROWN

20 N.Y.2d 542 (1967)

Lumbermen's Mutual Casualty Company, Appellant, v. George J. Brown, as Administrator of The Estate of Mabel G. Brown, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 29, 1967.

Attorney(s) appearing for the Case

Bernard Sicherman and Howard A. Davidson for appellant.

Irma R. Thorn and William J. Fredel for Shirley A. Sheffield and others, respondents.

Chief Judge FULD and Judges BERGAN, KEATING and BREITEL concur in memorandum; Judge BURKE dissents and votes to reverse in an opinion in which Judges VAN VOORHIS and SCILEPPI concur.

MEMORANDUM.

The plaintiff insurance company issued a policy of liability coverage on November 21, 1964 for one year on a 1960 Rambler automobile which, within the period of coverage, on November 5, 1965 was involved in an accident while being operated by a person lawfully using it. The insurance company seeks in this action a declaration that it is not responsible for coverage although the premium paid extended beyond the...

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