CONE v. NATIONWIDE MUT. FIRE INS. CO.


75 N.Y.2d 747 (1989)

Donald E. Cone, Appellant, v. Nationwide Mutual Fire Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1989.


Attorney(s) appearing for the Case

Kenneth W. Knapp for appellant.

Chris G. Trapp for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE and BELLACOSA concur in memorandum; Judge KAYE dissents and votes to modify in an opinion in which Judges ALEXANDER and HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs to plaintiff, and judgment should be granted in plaintiff's favor declaring that defendant is obligated to defend and indemnify plaintiff.

Plaintiff's 14-year-old son was operating plaintiff's three-wheel all-terrain vehicle when he collided with a pickup truck and sustained serious leg injuries. Plaintiff brought suit against the owner...

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