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HOME INDEM. v. ST FARM INS.

64 A.D.2d 212 (1978)

Home Indemnity Company, Appellant, v. State Farm Mutual Automobile Insurance Company et al., Respondents

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

November 2, 1978

Attorney(s) appearing for the Case

Kramer, Wales & McAvoy (Donald Kramer for counsel), for appellant.

Chernin & Gold (John F. Artman of counsel), for State Farm Mutual Automobile Insurance Company and another, respondents.

Perot & Sullivan (Remy R. Perot of counsel), for Barbara Whittaker and another, respondents.

Donald G. Walls for Mark Larson, respondent.

MAHONEY, P. J., and MIKOLL, J., concur with SWEENEY, J.; LARKIN and HERLIHY, JJ., dissent and vote to reverse in an opinion by HERLIHY, J.

SWEENEY, J.

This action arises out of an automobile accident which occurred on June 13, 1970. Plaintiff seeks herein a declaratory judgment that it has no duty to defend or indemnify defendant Larson in the underlying negligence actions. The trial court found to the contrary and this appeal ensued.

There is no substantial dispute about the pertinent facts. Plaintiff issued an insurance policy to Jack...

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