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  5. 78 N.Y.2d 888 (1991)
 

MATTER OF NASSAU INS. CO.

78 N.Y.2d 888 (1991)

In the Matter of the Liquidation of Nassau Insurance Company. Suzellen Bergen et al., Appellants; Superintendent of Insurance, as Liquidator of Nassau Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Herman Schmertz for Suzellen Bergen, appellant.

Robert X. Larkin for Marie Palmiotto, as executrix of Ann Messineo, appellant.

David B. Hamm, Herbert Rubin, Noreen N. Giusti and William F. Jerome for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Walter Shapiro was insured under a comprehensive personal liability homeowner's policy issued by Nassau Insurance Company, which is now in liquidation. The policy provided that Nassau would "pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage...

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