NATIONWIDE MUT. FIRE INS. CO. v. BURKE


90 A.D.2d 626 (1982)

Nationwide Mutual Fire Insurance Co., Appellant, v. Glen R. Burke et al., Respondents

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

October 21, 1982


This is an action for a declaratory judgment wherein plaintiff insurance company seeks a declaration that it is not obligated to defend a lawsuit brought against defendant Burke by defendant Gallo. The Gallo action is for personal injuries sustained by Gallo and his son as the result of an alleged assault by Burke on them. Plaintiff notified Burke that pursuant to the terms of the insurance policy there would be no coverage or obligation to defend him in the Gallo action...

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