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

25 N.Y.2d 71 (1969)

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

Court of Appeals of the State of New York.

Decided July 1, 1969.

Attorney(s) appearing for the Case

William F. McNulty for appellant.

Benjamin Heller for respondent.

Judges SCILEPPI, BERGAN, BREITEL and JASEN concur with Chief Judge FULD; Judge BURKE dissents in part and votes to reverse and reinstate the order of Special Term on the dissenting opinion at the Appellate Division.

Chief Judge FULD.

This appeal involves the respective obligations of two insurance companies under automobile liability policies which each had issued.

On December 27, 1960 James Morton rented an automobile from the Hertz Corporation in Burlington, Vermont, and on the next day, while driving it, collided with another car. A passenger in his car, injured in the...

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