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HUBERT v. FIREMAN'S FUND INS. CO.

31 N.Y.2d 833 (1972)

Lawrence Hubert, an Infant, by His Father and Natural Guardian, John Hubert, et al., Respondents, v. Fireman's Fund Insurance Company et al., Appellants, and Dorothy Graseck, an Infant, by Her Father and Natural Guardian, Henry Graseck, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1972.

Attorney(s) appearing for the Case

Edward J. Hart for Fireman's Fund Insurance Company, appellant.

E. Richard Rimmels, Jr. for Royal Globe Insurance Companies and another, appellants.

Gary N. Weintraub and John T. Di Palma for plaintiffs-respondents.

Norman H. Dachs for defendants-respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

The order of the Appellate Division should be modified, without costs, by reversing so much thereof as affirms the order and judgment which declares that the uninsured motorist provisions in the policy issued by Fireman's Fund Insurance Co. obtain and, except as so modified, affirmed. Since the accident took place on a roadway immediately adjoining the insured premises, the exclusion in the homeowner's policy issued by Royal Globe and Newark Insurance Companies did not apply...

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