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MATTER OF PRUDENTIAL PROP. & CAS. INS. CO.

201 A.D.2d 984 (1994)

609 N.Y.S.2d 714

In the Matter of the Arbitration between Prudential Property & Casualty Insurance Company, Respondent, Brian Hart, Respondent, and Interboro Mutual Indemnity Insurance Company, Appellant. (Appeal No. 1.)

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

February 4, 1994

Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in concluding that the disclaimer of respondent Interboro Mutual Indemnity Insurance Company (Interboro) was invalid with respect to the injured third-party claimant, Brian Hart. Interboro presented evidence that Hart sustained injuries in an automobile accident with its insured on October 26, 1989, that its insured never notified Interboro of the accident...

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