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UNITED STATES FID. & GUAR. CO. v. COPFER

48 N.Y.2d 871 (1979)

United States Fidelity and Guaranty Company, Respondent, v. William G. Copfer et al., Individually and as Parents and Natural Guardians of Thomas Copfer, et al., Defendants, and Thomas Copfer, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1979.

Attorney(s) appearing for the Case

Richard J. Schroff for appellant.

John J. Sullivan, Jr., for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum decision.

We agree that the insurer breached its contractual duty to defend and indemnify the insured and thus may be held liable for the expenses the insured incurred in providing for his own defense (International Paper Co. v Continental Cas. Co., 35 N.Y.2d 322

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