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UTICA MUT. INS. CO. v. C. L. HAINES MFG. CO., INC.

55 A.D.2d 834 (1976)

Utica Mutual Insurance Company, Appellant, v. C. L. Haines Manufacturing Co., Inc., Respondent

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

December 17, 1976

Judgment unanimously reversed, on the law and facts, with costs, and judgment granted in favor of plaintiff.

Memorandum:

In this declaratory judgment action the threshold issue is whether the defendant insured complied with a liability insurance policy provision requiring notice to the plaintiff insurer "as soon as practicable" after an "occurrence". An "occurrence" is defined in the policy as "an accident, including...

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