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HARTFORD ACC. & IND. v. WESOLOWSKI

33 N.Y.2d 169 (1973)

Hartford Accident & Indemnity Company, Appellant, v. Edward Wesolowski, as Administrator of The Estate of Julia Ras, Also Known as Julia Wesolowski, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Frank G. Godson for appellant.

David MacRae Wagner and James McCabe for respondents.

Chief Judge FULD and Judges BURKE and JASEN concur with Judge JONES; Judges BREITEL and WACHTLER dissent and vote to affirm on the opinion at the Appellate Division; Judge GABRIELLI taking no part.

JONES, J.

Where the insured's automobile struck one oncoming vehicle, ricocheted off and struck a second more than 100 feet away, was there more than one "occurrence" within the meaning of the provision fixing limits of liability in an automobile insurance policy?

Appellant moved for summary judgment in an action by it for a declaration that the claims filed by respondents against its insured, Gerald...

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