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MATTER OF TRAVELERS INS. CO. v. STATE FARM INS. CO.

182 A.D.2d 1080 (1992)

In the Matter of Travelers Insurance Company, Appellant, v. State Farm Insurance Company, Respondent

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

April 24, 1992

Order affirmed with costs for reasons stated in decision at Supreme Court, Gorski, J.

Green and Lawton, JJ. (dissenting).

We respectfully dissent. We agree that petitioner's conduct was equivocal and misleading and that one may justly criticize the position advanced by petitioner. Nevertheless, we do not believe that a court should invoke its equitable powers to resolve this dispute between two insurance companies...

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