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MATTER OF ALLSTATE INS. CO.

28 A.D.2d 848 (1967)

In the Matter of the Arbitration between Allstate Insurance Company, Appellant, and Michael J. Gallagher, an Infant, by Carolyn Gallagher, His Mother, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1967

In our opinion, petitioner is entitled to a trial with respect to the validity of the disclaimer by the insurer of the owner of the motor vehicle involved (Matter of MVAIC [Malone], 16 N.Y.2d 1027; MVAIC v. National Grange Mut. Ins. Co., 19 N.Y.2d 115, 117; Matter of Carlos [MVAIC], 17 N.Y.2d 614; Kaye v. MVAIC, 27 A.D.2d...

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