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COUNTRY-WIDE INS. v. WAGONER

45 N.Y.2d 581 (1978)

In the Matter of Country-Wide Insurance Company, Respondent, v. Daniel C. Wagoner, Respondent, and Aetna Casualty and Surety Company, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1978.

Attorney(s) appearing for the Case

J. Mark McCarthy for appellant.

Eric M. Alderman and Bernard Samuels for Country-Wide Insurance Company, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

As it comes to us on appeal, this case presents what is essentially a controversy between two insurance carriers, Country-Wide Insurance Company and Aetna Casualty and Surety Company. The question it poses is narrow, but bears on the nature of the coverage provided by the automobile accident indemnification endorsement which, in compliance with the directives of section 167 of the Insurance Law...

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