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ALLSTATE INS. CO. v. KEMP

144 A.D.2d 853 (1988)

Allstate Insurance Company, Appellant, v. Neil Kemp, Respondent, et al., Defendants

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

November 17, 1988

Casey, J.

Plaintiff seeks a declaratory judgment declaring that it is not obligated to defend or indemnify defendant Neil Kemp, its insured under a homeowner's policy, in a personal injury action by a third party against Kemp and others. Plaintiff contends that there is no coverage under its policy since the complaint in the personal injury action seeks to recover damages for intentional tort, which is excluded...

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