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PROGRESSIVE CAS. INS. CO. v. ALLSTATE INS. CO.

191 A.D.2d 955 (1993)

595 N.Y.S.2d 144

Progressive Casualty Insurance Company, Respondent, v. Allstate Insurance Company, Appellant

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

March 12, 1993

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court erred in granting plaintiff's motion for summary judgment but properly denied defendant's cross motion for summary judgment. Each party sought a declaration that the other's insurance policy coverage was primary. That determination, however, cannot be made without a review of both policies, and only...

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