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WOJNA v. MERCHS. INS.

119 Misc.2d 734 (1983)

Teresa Wojna et al., Individually and as Administrators of The Estate of Ronald M. George, Deceased, Plaintiffs, v. Merchants Insurance Group, Defendant.

Supreme Court, Erie County.

June 15, 1983

Attorney(s) appearing for the Case

Falk & Siemer (William J. Weiss, Jr., of counsel), for Teresa Wojna, plaintiff. Damon & Morey (Lawrence J. Vilardo of counsel), for Leland M. George and another, plaintiffs. Jaeckle, Fleischmann & Mugel (Lawrence H. Wagner of counsel), for defendant.

THOMAS P. FLAHERTY, J.

This is a motion pursuant to CPLR 3212 to grant plaintiff summary judgment in the underlying declaratory judgment action involving an insurer's duty to defend and indemnify.

The plaintiff herein was involved in an automobile accident in 1980 that resulted in the death of one Ronald M. George. At the time of the accident plaintiff was covered by an automobile liability insurance policy issued by the defendant. Criminal charges...

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