UNITED STATES FID. & GUAR. CO. v. U.S. UNDERWRITERS INS. CO.


194 A.D.2d 1028 (1993)

599 N.Y.S.2d 654

United States Fidelity and Guaranty Company, Respondent, v. U.S. Underwriters Insurance Company, Appellant

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

June 24, 1993


Yesawich Jr., J.

On May 4, 1989 Eugene Johnson, while a resident of the Montgomery County Infirmary, was injured when he fell in his wheelchair from a loading dock to the pavement below. Thereafter, Johnson and his wife commenced an action against Montgomery County and the infirmary, seeking damages for his injuries and derivative losses (hereinafter the Johnson action). Plaintiff, the County's general liability insurer, initially disclaimed coverage...

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