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PUB SERV INS v. FIREMANS INS

71 A.D.2d 353 (1979)

Public Service Mutual Insurance Company, Respondent, v. Fireman's Fund American Insurance Companies, Defendant, and Insurance Company of North America, Appellant

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

December 18, 1979

Attorney(s) appearing for the Case

Joseph D. Ahearn of counsel (Neal M. Glazer and Michael Majewski with him on the briefs; Corcoran, Amabile & Cowin, attorneys), for appellant.

Nathan Cyperstein of counsel (Alvin P. Bluthman with him on the brief; Gantman, Cyperstein & Peckman, attorneys), for respondent.

KUPFERMAN, BIRNS and FEIN, JJ., concur with MURPHY, P. J.; SILVERMAN, J., concurs in an opinion.

MURPHY, P. J.

Plaintiff Public Service Mutual Insurance Company (Public) brought this action for a judgment declaring that defendant Fireman's Fund American Insurance Companies (Fireman) and Insurance Company of North America (INA) are liable on their policies for a proportionate share of the loss resulting from a collision occurring on June 20, 1975. After suit was brought, Fireman settled with Public upon payment...

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