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MONARCH INS. CO. v. HETHERLY

148 Misc.2d 594 (1990)

Monarch Insurance Company of Ohio, Plaintiff, v. Eugene Hetherly et al., Defendants.

Supreme Court, Monroe County.

September 19, 1990

Attorney(s) appearing for the Case

Connors, Corcoran, Hall & Meyering (Charles A. Hall and Cheryl Loria-Dinolfo of counsel), and Adler, Kaplan & Begy (Fred C. Begy, III and John J. Freeman of counsel), for plaintiff. Nicholas Zinni for Eugene Hetherly and another, defendants. Faraci, Guadagnino, Lange & Johns (Joseph Regan of counsel), for Kathleen Griffiths and another, defendants. Mackey & DiMarco (Anthony Monaco of counsel), for Franklin Kepler, defendant.

DAVID O. BOEHM, J.

Defendant, Elba Air Dusters, obtained an agriplan aerial applicator's insurance policy from plaintiff, Monarch Insurance Company of Ohio. The policy classified seven types of liability coverage, of which Elba purchased only "Bodily Injury (Excluding passengers and Chemical Liability)" and "Property Damage (Excluding Chemical Liability)" coverage. Chemical liability coverage was available...

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