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PIPOLI v. U. S. FID. & GUAR. CO.

38 A.D.2d 249 (1972)

Elaine Pipoli, Appellant, v. United States Fidelity and Guaranty Company, Respondent

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

February 15, 1972.

Attorney(s) appearing for the Case

Marc Bazin for appellant.

Robert G. Burkhart of counsel (Edward L. Milde, attorney), for respondent.

STEVENS, P. J., and MARKEWICH, J., concur with STEUER, J.; KUPFERMAN, J., dissents in an opinion, in which NUNEZ, J., concurs.

STEUER, J.

Suit is on an assigned claim, and the rights of the parties are to be determined as if the assignor were the plaintiff. The assignor, one Tedeschi, was the insured under a liability policy for $10,000 issued by defendant. The insured was involved in an accident in which a young woman was seriously injured. It appeared that the insured left his car on the highway and another car crashed into it. It...

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