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LOGAN v. EXCH. MUT. INS. CO.

44 A.D.2d 886 (1974)

James W. Logan, Appellant, v. Exchange Mutual Insurance Company, Respondent

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

May 23, 1974

Order and judgment unanimously reversed, on the law, with costs, defendant's motion for summary judgment dismissing the complaint denied, and judgment granted to plaintiff insured in accordance with the following memorandum: Since Dole v. Dow Chem. Co. (30 N.Y.2d 143) the courts are required to take a new look at the traditional holding that under subdivision 3 of section 167 of the Insurance...

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