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FED. INS. CO. v. ATL. NAT. INS.

29 A.D.2d 204 (1968)

Federal Insurance Company, Respondent, v. Atlantic National Insurance Company, Appellant

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

February 15, 1968.

Attorney(s) appearing for the Case

Benjamin Heller of counsel (Cymrot, Wolin & Simon, attorneys), for appellant.

Richard D. Smith of counsel (Smith & Formidoni, attorneys), for respondent.

CAPOZZOLI and RABIN, JJ., concur with McNALLY, J.; BOTEIN, P. J., dissents in opinion.

McNALLY, J.

This action between two liability insurance carriers involves the obligation and extent thereof for the amount of the settlement of a personal injury action paid by plaintiff to the passenger of the automobile involved and her father. The accident occurred on December 28, 1960, in Stowe, Vermont. James Morton had rented the automobile from Hertz Corporation. He was operating the vehicle when it collided...

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