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  5. 78 N.Y.2d 41 (1991)
 

ALLSTATE INS. CO. v. ZUK

78 N.Y.2d 41 (1991)

Allstate Insurance Company, Respondent, v. William R. Zuk et al., Appellants.

Court of Appeals of the State of New York.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Joel Martin Aurnou for William R. Zuk and others, appellants.

Michael E. Tockman for Patricia Smith, appellant.

Gail M. Lolis and Richard J. Inzerillo for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, and HANCOCK, JR., concur.

BELLACOSA, J.

Allstate Insurance Company seeks a declaratory judgment that it has no duty to defend or indemnify its insured, William Zuk, in a wrongful death action arising out of the death of Zuk's friend, Michael Smith, whom Zuk shot and killed. On November 2, 1985, Zuk was cleaning and loading a shotgun in a hunting lodge owned by his parents, Benedict and Margaret Zuk. The gun accidentally discharged and...

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