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HEEN & FLINT v. TRAVELERS IND

93 Misc.2d 1 (1977)

Heen & Flint Associates et al., Plaintiffs, v. Travelers Indemnity Company et al., Defendants.

Supreme Court, Monroe County.

December 8, 1977

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for plaintiffs. John C. Alletto and Michael W. Malarney for Travelers Indemnity Company, defendant. Harter, Secrest & Emery (James C. Moore of counsel), for American Motorists Insurance Company, defendant. Hickey, McHugh & Garlick (Thomas R. McHugh of counsel), for Lucas & Dake Co., Inc., and another, defendants.

JAMES H. BOOMER, J.

These motions pose a perplexing problem inherent in professional liability insurance coverage written on a "claims made" basis. The plaintiffs, partners in an engineering firm, were, since May, 1974, insured by the defendant Travelers Indemnity Company against any damages they might be required to pay as the result of any acts or omissions arising...

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