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SHARLOW v. NATIONWIDE MUT. INS. CO.

47 A.D.2d 572 (1975)

Steven B. Sharlow, as Executor of Cecilia Sharlow, Deceased, et al., Respondents, v. Nationwide Mutual Insurance Company, Appellant

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

January 9, 1975

The question presented for resolution on this appeal is whether, when a defendant seeks indemnification from a driver-spouse for injuries to a passenger-spouse upon the principles of Dole v. Dow Chem. Co. (30 N.Y.2d 143), the exclusionary provision of subdivision 3 of section 167 of the Insurance Law applies so as to relieve the automobile insurance carrier of the driver-spouse from its responsibility to defend or pay such a claim...

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