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LALOMIA v. BANKERS & SHIPPERS INS.

35 A.D.2d 114 (1970)

Laurence Lalomia, Individually and as Administrator of The Estate of Jean Lalomia, Deceased, et al., Respondents-Appellants, v. Bankers & Shippers Insurance Company et al., Respondents, and Insurance Company of North America, Appellant

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

July 27, 1970.

Attorney(s) appearing for the Case

Marvin, Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for appellant.

Shayne, Dachs, Weiss, Kolbrener, Levy & Moe Levine (Norman H. Dachs of counsel), for respondents-appellants.

Curtis, Hart & Munro (Edward J. Hart of counsel), for Bankers & Shippers Insurance Company, respondent.

Albert P. Thill for Liberty Mutual Insurance Company, respondent.

Gill & Sheehan (James A. Gill of counsel), for Maryland Casualty Company, respondent.

HOPKINS, Acting P. J., MUNDER, MARTUSCELLO and KLEINFELD, JJ., concur.

BENJAMIN, J.

This action for a declaratory judgment calls upon us to determine which, if any, policies of insurance provide coverage for the plaintiffs, who were involved in a collision with a motorized bicycle.

The tragic accident out of which this litigation arose claimed the lives of 12-year-old Michael Maddock and of Jean Lalomia, a wife and the mother of four children. At the time of the collision...

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