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COUNTRY-WIDE INS. v. WAGONER

57 A.D.2d 498 (1977)

In the Matter of Country-Wide Insurance Company, Appellant, v. Daniel C. Wagoner et al., Respondents

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

May 27, 1977

Attorney(s) appearing for the Case

Alderman, Alderman, Samuels & Schepp (Bernard Samuels and Eric Alderman of counsel), for appellant.

Coulter, Fraser, Carr, Ames & Bolton (J. Mark McCarthy of counsel), for Aetna Casualty and Surety Company, respondent.

David A. Bolm for Daniel C. Wagoner, respondent.

DILLON, GOLDMAN and WITMER, JJ., concur with CARDAMONE, J. P.; SIMONS, J., dissents in an opinion and votes to affirm the order.

CARDAMONE, J. P.

This is a dispute between two insurance companies involving three insurance policies. One policy was issued by petitioner-appellant Country-Wide Insurance Company to cover a motorcycle owned by respondent insured Daniel Wagoner. The other two policies were issued by respondent Aetna Casualty and Surety Company to cover an automobile owned by Daniel Wagoner and an automobile owned by Clifford...

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