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EMPLOYERS v. FIREMEN'S INS.

45 N.Y.2d 608 (1978)

Employers Commercial Union Insurance Company of New York, Respondent, v. Firemen's Fund Insurance Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Richard J. O'Keeffe for appellant.

John T. McDonald and Sidney A. Schwartz for respondent.

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

FUCHSBERG, J.

In this declaratory action, the ultimate question is which of two liability insurance carriers, plaintiff-respondent Employers or defendant-appellant Firemen's, was the one obligated to assume the cost of defending and paying claims for damages for injuries sustained by third parties in an automobile collision in which the operator of a motor vehicle and, through him, its owner, Hacker Oil Corporation...

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