MERCHS. MUT. INS. CO. v. HOFFMAN


86 A.D.2d 779 (1982)

Merchants Mutual Insurance Company, Respondent, v. Donald Hoffman et al., Appellants, et al., Defendant

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

January 29, 1982


Judgment unanimously reversed, on the law and facts, with costs, and judgment granted in favor of appellants, in accordance with the following memorandum.

Defendants Donald and Frances Hoffman appeal from a judgment declaring that plaintiff, Merchants Mutual Insurance Co. (Merchants) properly disclaimed a duty to defend or to indemnify defendants in an action instituted against them by David D. Farr, a codefendant in this action. On July 19, 1973 Farr was a 15-year...

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