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METRO. PROP. & LIAB. INS. CO. v. HORNER

79 A.D.2d 869 (1980)

Metropolitan Property and Liability Insurance Company, Respondent-Appellant, v. Kenneth Horner et al., Individually and as Parents and Natural Guardians of David Horner, an Infant, et al., Appellants-Respondents

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

December 23, 1980

Order unanimously modified and, as modified, affirmed, without costs.

Memorandum:

In this declaratory judgment action plaintiff seeks a declaration that it has no duty to defend or indemnify defendants Horner, who are its insureds under a homeowners policy, in any action brought against the Horners by defendants Baldwin, Lufkin and Agway Insurance Company (Agway), or to pay any judgment which might be recovered in such action. Defendents Baldwin, Lufkin and...

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