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FOREMOST INS. CO. v. SOTIRIOU

66 A.D.2d 812 (1978)

Foremost Insurance Company, Appellant, v. Setiri Sotiriou et al., Respondents, et al., Defendants

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

December 18, 1978

Order and judgment affirmed, with $50 costs and disbursements.

Since the accident out of which the respondents' tort claim arose took place before August 1, 1976, it is settled that the plaintiff was entitled to disclaim under subdivision 3 of section 167 of the Insurance Law, as construed in State Farm Mut. Auto. Ins. Co. v Westlake (35 N.Y.2d 587) (see Mandels v Liberty Mut. Ins. Co., 45 N.Y.2d 455...

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