RELIANCE INS. CO. v. KENOSIAN


46 A.D.2d 38 (1974)

Reliance Insurance Company, Respondent, v. A. Gregory Kenosian, Defendant, and Mary A. Reinecke et al., Infants, by Karl Reinecke, Their Parent and Natural Guardian, et al., Appellants

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

November 14, 1974.


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case (Eugene E. Napierski of counsel), for Agricultural Insurance Company, appellant.

Lee, LeForestier, Frost & Hanft (Jerome K. Frost of counsel), for Mary A. Reinecke and others, appellants.

Bouck, Holloway & Kiernan (Stephen M. Kiernan of counsel), for respondent.

Lawrence C. Conners for defendant.

HERLIHY, P. J., SWEENEY, KANE and MAIN, JJ., concur.


STALEY, JR., J.

This action was brought by the plaintiff, Reliance Insurance Company, for a judgment declaring that it was not obligated to defend its insured, defendant A. Gregory Kenosian, in an action against him arising out of an automobile accident which occurred on February 2, 1970, wherein appellants, Karl Reinecke, Mary Ann Reinecke, Karl Reinecke, Jr., and Kimberly Reinecke were injured. The basis of...

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