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ALLSTATE INS v. KLOCK OIL CO

73 A.D.2d 486 (1980)

Allstate Insurance Company, Respondent, v. Klock Oil Company, Also Known as Clock Oil Company, Appellant, et al., Defendants

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

April 8, 1980

Attorney(s) appearing for the Case

Brennan, Centner, Palermo & Blauvelt (John Clapper, III, of counsel), for appellant.

Sullivan, Gough, Skipworth, Summers & Smith (William V. Gough of counsel), for respondent.

SIMONS, J. P., HANCOCK, JR., WITMER and MOULE, JJ., concur.

CALLAHAN, J.

Defendant, Klock Oil Co. (Klock), appeals from a judgment of the Supreme Court, Monroe County, declaring that plaintiff, Allstate Insurance Co., did not have a duty to defend or indemnify Klock in a pending action. In 1971 Klock had installed and thereafter maintained a gasoline storage tank at an automobile dealership. In 1974 an adjoining landowner complained that a gasoline leak allegedly emanating...

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