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AETNA INS. CO. v. ALLSTATE INS. CO.

33 A.D.2d 551 (1969)

Aetna Insurance Company, as Assignee and Subrogee of Raymond J. Benoit, Appellant, v. Allstate Insurance Company, Respondent

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

October 28, 1969

Per Curiam.

An assessment is ordered to determine the amount of plaintiff's cost of settlement and defense. (See Federal Ins. Co. v. Atlantic Nat. Ins. Co., 25 N.Y.2d 71.) The papers in opposition failed to raise a triable issue of fact. Plaintiff sues as assignee and subrogee of one Benoit. Benoit is plaintiff's named insured under a liability policy which covered Benoit also in the operation of a nonowned automobile...

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