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BROOME CO. FIRE INS. v. AETNA LIFE

75 Misc.2d 587 (1973)

Broome County Co-Operative Fire Insurance Company, Plaintiff, v. Aetna Life and Casualty Company et al., Defendants.

Supreme Court, Equity Term, Broome County.

May 29, 1973

Attorney(s) appearing for the Case

Kramer, Wales & McAvoy (Philip J. Kramer of counsel), for plaintiff. Night, Keller, O'Connor, Ball & McDonough (William E. Night of counsel), for Allstate Insurance Companies, defendant. Robert Eckelberger, Jr., for Aetna Life and Casualty Company, defendant. Stearns & Stearns (Conrad E. Stearns of counsel), for Marion Pilcher, defendant. Chernin & Gold for Grace Miller, defendant.

RICHARD F. KUHNEN, J.

This is a declaratory judgment action brought by Broome County Co-Operative Fire Insurance Company for a declaration that it is not required to defend a liability claim against its insured Marion Pilcher. For the most part, the facts of this case are undisputed.

A short time prior to August 2, 1971, Mrs. Pilcher invited a friend, Grace Miller, to spend the afternoon of August 2...

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